STATE   OF   CALIFORNIA, 


REVISED 


SCHOOL  LAW, 


-A-FmovEiD  3Nd:.A.ii,oia:  S4,  isee. 


PUBLISHED   BY   THE   DEPARTMENT   OP   PUBLIC   INSTRUCTION, 
FOR   THE   USE   OP   SCHOOL   OFFICERS. 


'^^^^^W  »* 

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^.i~  " 


SACEAMENTO: 

0.    M.    CLAYES,    STATE    PRINTER. 
1866. 


:%>r 


REVISED  SCHOOL  LAW. 


AN  ACT  TO  PROVIDE  FOR  A  SYSTEM  OF  COMMON  SCHOOLS. 


Approved  March  24,  1868. 


The  People  of  the  State  of   California,  represented  in  Senate  and 
Assembli/j  do  enact  as  follows  : 

STATE    BOARD    OF    EDUCATION. 

Section  1.  There  shall  be  a  State  Board  of  Education,  which  Board  of 
shall  consist  of  the  Governor,  the  Superintendent  of  Public  Education. 
Instruction,  the  Principal  of  the  State  Normal  School,  the 
Superintendent  of  Public  Schools  of  the  City  and  County  of 
San  Francisco,  the  Superintendents  of  Common  Schools  of  the 
respective  Counties  of  Sacramento,  Santa  Clara,  and  San  Joa- 
quin, and  of  two  professional  teachers,  who  shall  be  nominated 
by  the  Superintendent  of  Public  Instruction,  and  elected  by  and 
with  the  advice  and  consent  of  said  Board ;  provided,  that  no 
teacher  shall  be  eligible  to  such  election  unless  he  is  the  holder 
of  a  State  educational  diploma.  For  the  purpose  of  the  primary  Meetings, 
organization  of  the  Board,  any  five  members  may  meet  at  the 
call  of  the  Superintendent  of  Public  Instruction,  and  elect  the 
members  to  be  elected.  The  elective  members  shall  hold  ofiice 
for  the  term  of  four  years,  dating  from  the  first  day  of  July  next 
succeeding  their  respective  elections.  The  Governor  shall  be 
the  President,  and  the  Superintendent  of  Public  Instruction  the 
Secretary  of  the  Board,  and  five  members  shall  constitute  a 
quorum  for  the  transaction  of  business  ;  provided,  that  a  major- 
ity of  the  votes  of  the  whole  Board  shall  be  necessary  for  the 
passage  of  any  measure.  The  Board  shall  meet  at  the  call  of 
the  Secretar}^,  and  shall  hold  at  least  two  meetings  in  each  year; 
and  its  proceedings  shall  be  kept  in  a  record  book,  which  shall 


REVISED    SCHOOL   LAW. 


Powers. 


be  a  part  of  the  archives  of  the  Department  of  Instruction.  No 
member  of  said  Board  shall  receive  any  compensation  for  his 
services ;  but  any  stationery  required  for  the  Board  shall  be 
filrnished  from  the  office  of  the  Secretarj'  of  State,  and  any 
printing  required  by  it  under  the  provisions  of  this  Act  shall  be 
done  by  the  State  Printer. 

Sec.  2.  The  State  Board  of  Education  shall  have  power  to 
adopt  a  course  of  study,  and  rules  and  regulations  for  all  public 
schools  in  the  State;  provided,  that  such  rules  shall  not  be 
enforced  in  conflict  with  special  rules  and  regulations  adopted 
by  the  Board  of  Education  of  any  city  or  any  city  and  county ; 
to  adopt  and  prescribe  regulations  and  a  list  of  books  suitable 
for  district  school  libraries;  to  grant  teachers'  life  diplomas, 
and  prescribe  regulations  for  the  examination  of  teachers  by 
State,  City,  or  County  Boards  of  Examination  ;  to  adopt  a  uni- 
form State  series  of  text  books  to  be  used  in  all  public  schools ; 
to  have  and  use  a  common  seal;  and  to  authorize  the  printing 
by  the  State  Printer  of  all  regulations  and  circulars  necessary 
to  carry  their  provisions  into  effect. 


OP  THE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


Election. 


Salary. 


Biennial 
report,  and 
distribution 
thereof. 


Sec.  3.  The  Superintendent  of  Public  Instruction  shall,  at  the 
special  election  for  judicial  officers  to  be  held  in  the  year  eigh- 
teen hundred  and  sixty-seven,  and  every  four  years  thereafter 
at  such  special  elections,  be  elected  by  the  qualified  voters  of 
the  State,  and  shall  enter  upon  the  duties  of  his  office  on  the 
first  day  of  December  next  after  his  election.  He  shall  be  paid 
a  salary  of  three  thousand  dollars  per  annum,  and  shall  have 
power  to  appoint  a  Clerk,  who  shall  be  paid  a  salary  of  eighteen 
hundred  dollars  per  annum,  and  who  shall  be  authorized  to  act 
as  Deputy  Superintendent. 

Sec.  4.  The  Superintendent  of  Public  Instruction  shall  report 
to  the  Governor  biennially  on  the  first  of  November  of  the  years 
in  which  the  regular  session  of  the  Legislature  is  held.  The 
Governor  shall  transmit  said  report  %o  the  Legislature,  and 
whenever  it  is  ordered  published,  the  State  Printer  shall  bind 
two  hundred  and  forty  copies  and  deliver  them  to  the  Superin- 
tendent, who  shall  deposit  twenty  copies  in  the  State  Library, 
furnish  one  copy  to  each  County  Superintendent,  to  be  held  by 
him  as  public  property  and  delivered  to  his  successor  in  office  ; 
the  remaining  copies  shall  be  distributed — one  to  the  State 
Library  of  each  State  and  Territory,  and  the  others  to  such 
cities,  institutions  of  learning,  and  persons,  as  he  may  deem 
proper.  The  Legislature  shall  furnish  at  least  two  thousand 
pamphlet  copies  to  the  Superintendent,  who  shall  furnish  one 
copy  to  each  district  library,  and  shall  distribute  the  remainder 
as  he  may  deem  advisable  to  school  officers  or  other  persons. 
Said  report  shall  contain  a  statement  of  the  condition  of  public 
schools  in  the  State;  full  statistical  tables,  by  counties,  showing, 
among  other  statistics,  the  number  of  school  children  in  the 
State,  the  number  attending  public  schools,  and  the  average 
attendance;  the  number  attending  private  schools,  and  the 
number  not  attending  school;  the  amount  of  State  School  Fund 
apportioned,  and  the  sources  from  which  derived;    the  amount 


REVISED   SCHOOL  LAW.  C 

raised  by  county  and  district  taxes,  by  rate  bills,  or  from  other 
sources  of  revenue  for  school  purposes;  the  amount  expended 
for  salaries  of  teachers,  and  for  building  school  houses ;  a  state- 
ment of  plans  for  the  management  and  improvement  of  schools; 
a  statement  of  the  condition  of  the  State  Normal  School,  of  the 
State  Agricultural  College,  of  all  incorporated  literary  institu- 
tions required  to  report  to  him  ;  of  the  educational  departments 
of  the  State  Reform  School,  the  Asylum  for  the  Deaf  and  Dumb 
and  Blind,  and  the  several  Orphan  Asylums,  and  other  educa- 
tional institutions  to  which  State  appropriations  may  be  made. 

Seo.  5.     The  Superintendent  of  Public  Instruction,  immedi-  Apportion- 
ately  after  the  State  Controller  reports  to  him,  as  required  in  Soi"^ 
this  Act,  shall  apportion  to  the  several  school  districts,  counties,  moneys, 
and  cities,  the  school  moneys  to  which  each  may  be  entitled, 
and   shall  furnish  to  the  State  Controller,  the  State  Board  of 
Examiners,  to  each  County  Treasurer  and  Superintendent,  an 
abstract  of  such  apportionment,  and  shall  draw  his  order  on  the 
State  Controller  in  favor   of   each  County  Treasurer  for   the 
amount  of  State  School  Fund  to  which  such  county  is  entitled, 
and  shall  take  each  Treasurer's  receipt  for  the  same. 

Sec.  6.  The  Superintendent  of  Public  Instruction  shall  pre-  Printing, 
pare  and  cause  to  be  printed  suitable  forms  for  making  all 
reports,  and  conducting  all  necessary  proceedings  under  this 
Act,  and  shall  transmit  them  to  the  local  school  officers  and 
teachers,  who  shall  be  governed  in  accordance  therewith.  He 
shall  furnish  the  State  Board  of  Education,  the  State  Board  of 
Examination,  and  each  County  Board  of  Examination  with  suita- 
ble diplomas  and  certificates,  and  shall  prepare  a  State  school 
register,  which  shall  be  furnished  to  each  school  and  school  dis- 
trict in  the  State.  He  shall  cause  all  school  laws  to  be  printed 
in  a  pamphlet  form,  and  shall  annex  thereto  forms  for  making 
reports  and  conducting  school  business;  the  course  of  study," 
rules  and  regulations,  and  list  of  text  books  and  library  books 
adopted  and  prescribed  by  the  State  Board  of  Education  ;  and 
such  suggestions  on  school  architecture  as  he  may  deem  useful, 
with  such  woodcuts  and  plans  of  school  houses  as  he  may  be 
able  to  obtain,  or  which  may  be  provided  by  State  appropria- 
tion. He  shall  order  printed  a  number  of  copies  sufficient  to 
supply  each  school  officer  and  teacher,  and  each  school  library 
with  at  least  one  copy  thereof,  and  to  furnish  with  one  copy 
each  Superintendent  of  Public  Instruction,  and  each  State 
Library  of  each  State  and  Territory  in  the  United  States,  and 
shall  so  distribute  them. 

Sec.  7.     The  Superintendent  of  Public  Instruction  shall  file,  Appropria- 
arrange,  and  cause  to  be  bound  in  a  substantial  form  all  valua-  {JSng^ 
ble  printed  and  manuscript  reports  in  his  office  relating  to  the  report8,etc. 
early  educational  history  of  this  State,  and  shall  cause  to  be 
bound  all  valuable  school  reports,  school  journals,  and  school 
documents  of  this  and  other  States  which  may  be  sent  to  his 
office,  and  shall  retain  them  as  part  of  the  archives  of  his  office; 
and  such  sum  as  may  be  necessar}^,  not  to  exceed  two  hundred 
and  fifty  dollars,  is  hereby  annually  appropriated  and  set  apart 
out  of  the  State  School  Fund,  before  apportionment,  and  the 
Controller  is  hereby  authorized  and  directed  to  draw  his  war- 


b  REVISED    SCHOOL   LAW. 

rant  for  such  sums  as  may  be  allowed  and  audited  by  the  State 
Board  of  Examiners  for  the  objects  of  this  section. 
Siiperin-  Sec.  8.     The  Superintendent  of  Public  Instruction  shall  be  ex 

viSSuca-   officio  one  of  the  Trustees  of  the  Asylum  for  the  Deaf  and  Dumb 
tionai  and  Blind,   and  of  the  State  Eeform  School;    and  shall  visit 

amirepwt*^  thosc  institutions  from  time  to  time  to  inquire  into  their  man- 
agement and  the  systems  of  instruction  pursued  therein,  and 
shall  make  a  biennial  report  thereof  He  shall  visit  the  several 
Orphan  Asylums  to  which  State  appropriations  are  made,  and 
report  concerning  the  instruction  given  to  the  children  therein; 
and  shall  also  visit,  as  far  as  may  be  practicable,  the  several 
incorporated  literary  institutions  in  the  State,  and  make  such 
rejiort  thereof  as  he  may  deem  proper. 
To  make  Sec.  9.     It  shall  be  the  duty  of  the  Superintendent  of  Public 

ingschooTs!'  Instruction  to  travel  in  the  different  counties  of  the  State,  so 
far  as  is  possible  without  neglecting  his  other  official  duties, 
during  at  least  four  months  of  each  year,  for  the  purpose  of 
visiting  sc^hools,  of  consulting  with  County  Superintendents,  of 
lecturing  before  County  Institutes,  and  of  addressing  public 
assemblies  on  subjects  pertaining  to  public  schools;  and  the 
actual  travelling  expenses  incurred  by  the  Superintendent  in 
the  discharge  of  this  duty  shall  be  allowed,  audited,  and  paid 
out  of  the  General  Fund  in  the  same  manner  as  claims  upon 
said  fund  are  now  allowed,  audited,  and  paid ;  provided,  that  the 
sum  so  expended  in  any  one  year  shall  not  exceed  one  thousand 
dollars ;  and  the  sum  of  two  thousand  dollars,  or  so  much  thereof 
as  may  be  necessary,  is  hereby  bienniall}^  appropriated  for  pay- 
ment of  the  same. 
Shall  deliver  Sec.  10.  The  Superintendent  of  Fiiblic  Instruction  shall,  at 
sicSor!^  the  expiration  of  his  term  of  office,  deliver  over,  on  demand,  to 
his  successor,  all  property,  books,  documents  maps,  records, 
reports,  and  other  papers  belonging  to  his  office,  or  which  may 
have  been  received  by  him  for  the  use  of  his  office. 

OF    THE    STATE    CONTROLLER. 

School  Fund  Sec.  11.  The  State  Controller  shall  keep  a  separate  and  dis- 
reportsfetc.  tinct  account  of  the  School  Fund,  and  of  the  interest  and  income 
thereof,  together  with  such  moneys  as  mn,y  be  raised  by  special 
State  tax.  State  poll  tax,  or  otherwise,  for  school  purposes.  He 
shall,  on  or  before  the  first  day  of  February  of  each  year,  report 
to  the  Superintendent  of  Public  Instruction  a  statement  of  the 
securities  belonging  to  the  School  Fund,  of  the  moneys  in  the 
Treasury  subject  to  apportionment,  and  the  several  sources  from 
which  they  accrued,  which  reports  shall  be  included  in  the  bien- 
nial report  of  the  State  Superintendent.  He  shall  draw  his 
warrant  on  the  State  Treasurer  in  favor  of  any  County  Treas- 
urer whenever  such  County  Treasurer  shall  present  the  order 
drawn  by  the  Superintendent  of  Public  Instruction  in  favor  of 
such  county,  duly  indorsed  by  said  County  Treasurer. 

OF   THE   STATE    TREASURER. 

Sec.  12.     It  simll  be  the  duty  of  the  State  Treasurer  to  receive 
and  hold  as  a  special  deposit  all  school  moneys  paid  into  the 


REVISED    SCHOOL   LAW.  7 

Treasury,  and  pay  them  over  whenever  applied  for,  only  on  the  Payment  of 
warrant  of  the  State  Controller,  issued  on  the  order  of  the  State  mSiey?"^^ 
Superintendent,  attested  by  the  seal  of  the  State  Board  of  Edu- 
cation, in  favor  of  each  County  Treasurer,  which  orders,  duly 
indorsed  by  the  County  Treasurer,  shall  be  the  only  valid 
vouchers  in  the  hands  of  the  State  Controller  for  the  disburse- 
ment of  the  school  moneys;  provided,  that  for  the  payment  of 
subscriptions  for  a  State  educational  journal,  and  for  binding 
documents  in  the  office  of  the  Superintendent  of  Public  Instruc- 
tion, as  elsewhere  provided  in  this  Act,  the  bills  audited  by  the 
State  Board  of  Examiners  for  such  purposes  shall  be  valid 
vouchers,  for  which  the  Controller  shall  draw  his  warrant  the 
same  as  for  the  orders  of  County  Treasurers.  No  mileage  or 
allowance  of  any  kind  shall  be  made  to  any  County  Treasurer 
for  receiving  said  school  moneys  and  transporting  them  to  his 
county. 

COUNTY   TREASURER. 

Sec.  13.     It  shall  be  the  duty  of  the  County  Treasurer  of  each  Duty  as  to 

county  :  School Fuuds 

First — To  receive  and  hold  all  school  moneys  as  a  special 
deposit,  and  to  keep  a  separate  account  of  their  disbursement  to 
the  several  school  districts  which  shall  be  entitled  to  receive 
them,  according  to  the  apportionment  of  the  Superintendent  of 
Public  Instruction  and  the  County  Superintendent  of  Common 
Schools ; 

Second — To  notify  the  County  Superintendent  of  Common. 
Schools  of  the  amount  of  State  School  Fund  in  the  County 
Treasury  subject  to  apportionment,  and  whenever  required,  to 
inform  said  Superintendent  of  the  amount  of  school  moneys 
subject  to  apportionment; 

'Ihird — To  pay  all  warrants  drawn  on  State  or  county  school 
moneys,  in  accordance  with  the  provisions  of  this  Act,  when- 
ever such  warrants  are  countersigned  by  the  County  Auditor 
and  properly  indorsed  by  the  holders; 

Fourth — To  make  annually,  on  or  before  the  first  day  of 
August,  a  financial  report  for  the  last  preceding  school  and  fiscal 
year,  to  the  Superintendent  of  Public  Instruction,  in  such  form 
as  may  be  required  by  him. 

COUNTY    SUPERINTENDENT. 

Sec.  14.  A  Count3'  Superintendent  of  Common  Schools  shall  Election, 
be  elected  in  each  county,  at  the  general  election  in  the  year  anTbond.'** 
eighteen  hundred  and  sixty-seven,  and  ever^^  two  years  there- 
after, who  shall  take  office  on  the  first  Monday  in  "March  next 
succeeding  his  election,  and  hold  for  two  years,  and  until  his 
successor  is  elected  and  qualified.  He  shall  take  the  oath  or 
affirmation  of  office,  and  shall  give  an  official  bond  to  the  county, 
in  a  sum  to  be  fixed  by  the  Board  of  Supervisors  of  said  county. 

Sec.    15.     The    County    Superintendent    shall    apportion    all  Apportion- 
school  monej's  to  the  school  districts   in   accordance  with   the  ^J^j'^ 
provisions  of  this  Act,  as  soon  as  practicable  after  the  State  moueya. 
apportionment  has  been  made,  and  shall  make  quarterly  appor- 
tionments thereafter;  and  he  may  make  apportionments  at  such 


REVISED    SCHOOL   LAW. 


Warrants. 


Duties. 


Penalty  for 
failure  to 
make 
reports. 


No  fee  for 
administer- 
ing oath. 


Jlppoint- 
meut  of 
Dintrict 
Trustees. 


other  times  as  may  be  required  by  special  laws,  or  deemed  neces- 
Bary  for  the  convenience  of  school  officers.  lie  shall  draw  his 
warrant  on  the  County  Treasurer  in  favor  of  persons  entitled  to 
receive  the  same ;  provided,  that  no  such  warrant  shall  be  drawn 
against  the  School  Fund  of  any  city,  town,  or  district,  without 
an  order  of  the  Board  of  Trustees,  or  Board  of  Education,  show- 
ing for  what  purpose  the  money  is  required;  and,  provided,  fur- 
ther, that  no  such  warrant  shall  be  drawn  unless  there  is  cash 
in  the  Treasury  to  the  credit  of  said  city,  town,  or  district. 

Sec.  16.  The  County  Superintendent  shall  have  power  and 
it  shall  be  his  duty : 

First — To  visit  each  school  in  his  county  at  least  once  a  year; 
Second^^l^o  distribute  promptly  all  reports,  forms,  laws,  cir- 
culars, and  instructions  which  he  may  receive  for  the  use  of 
school  officers  from  the  Department  of  Instruction  or  the  State 
Board  of  Education; 

Third — To  report  to  the  Superintendent  of  Public  Instruction 
annuall}^,  on  or  before  the  twentieth  of  August,  for  the  school 
year  ending  on  the  last  day  of  June  next  preceding,  such  statis- 
tics as  may  be  required  by  him  or  by  the  State  Board  of  Educa- 
tion ; 

Fourth — To  preside  over  County  Teachers'  Institutes; 
Fifth — To  enforce  the  course  of  study  and  the  use  of  text 
books  adopted  by  the  State  Board  of  Education; 

Sixth — To  enforce  the  rules  and  regulations  required  in  the 
examination  of  teachers; 

Seventh — -To  keep  on  file  and  preserve  in  his  office  the  biennial 
reports  of  the  Superintendent  of  Public  Instruction,  and  a  file 
of  the  State  educational  journal  adopted  in  pursuance  of  law; 

Eighth — To  keep  a  record  of  his  official  acts,  and  of  the  acts 
of  the  County  Board  of  Examination  ; 

Ninth — To  carefully  preserve  all  reports  of  school  officers  and 
teachers,  and  at  the  close  of  his  official  term  deliver  to  his  suc- 
cessor all  records,  books,  documents,  and  papers  belonging  to 
the  office,  taking  a  receipt  for  the  same,  which  shall  be  filed  in 
the  office  of  the  County  Clerk. 

Sec.  17.  If  the  County  Superintendent  fails  to  make  a  full 
and  correct  report  to  the  Superintendent  of  Public  Instruction 
of  all  statements  required  to  be  made  by  law,  he  s-hall  forfeit  the 
sum  of  one  hundred  dollars  from  his  salary;  and  the  Board  of 
Supervisors  are  hereby  authorized  and  required  to  deduct  there- 
from the  sum  aforesaid,  upon  information  from  the  Superintend- 
ent of  Public  Instruction  that  such  returns  have  not  been  made. 
Sec.  18.  The  County  Superintendent  shall  have  power  to 
administer  oaths  and  affirmations  to  School  Trustees,  Marshals, 
Assessors,  Collectors,  Teachers,  and  other  persons,  in  all  official 
matters  connected  with  or  relating  to  schools,  but  shall  not  have 
power  to  make  or  collect  any  charge  or  fee  for  so  doing. 

Sec.  19.  The  County  Superintendent  shall  have  power  and 
it  shall  be  his  duty  to  appoint  Trustees  for  any  district  which 
from  any  cause  fails  to  elect  at  the  regular  time;  to  appoint 
Trustees  to  fill  vacancies;  to  appoint  Trustees  for  any  new  dis- 
trict; provided,  however,  that  when  a  new  district  is  organized, 
such  of  the  Trustees  of  the  old  district  as  reside  within  the 


REVISED    SCHOOL   LAW.  » 

limits  of  the  new  one  shall  be  Trustees  of  the  new  one,  and  the 
vacancy  in  the  old  district  shall  be  filled  by  appointment. 

Sec.  20.  The  Superintendent  shall,  whenever  he  deems  it  Repair8,out- 
necessary  for  the  health  or  comfort  of  pupils,  require  the  Trus-  ^^"^®'''  ^^' 
tees  of  any  school  district  to  repair  the  school  buildings  or 
property,  or  to  abate  any  nuisance  in  or  about  the  premises  ; 
provided^  such  repairs  or  abatement  can  be  done  for  a  sum  not 
exceeding  fifty  dollars,  and  there  is  a  sufficient  amount  of 
money  in  the  Treasury  to  the  credit  of  the  district.  He  shall 
also  in  all  cases  require  the  Trustees  to  provide  such  privies  and 
outhouses  as  decency  requires;  and  if  the  Trustees  refuse  or 
neglect  to  make  such  provision,  he  shall  cause  it  to  be  done, 
and  shall  pay  for  it  on  his  own  warrant  out  of  any  money  to 
the  credit  of  the  district. 

Sec.  21.  Whenever  the  number  of  school  districts  in  any  Teachers' 
county  is  ten  or  more,  the  County  Superintendent  shall  hold  at  ^^^*'*"'^- 
least  one  Teachers'  Institute  in  each  year;  and  every  teacher 
employed  in  a  public  school  in  the  county  shall  attend  every 
such  Institute  and  participate  in  its  proceedings.  Each  session 
of  a  County  Institute  shall  continue  not  less  than  three  nor 
more  than  five  days;  and  the  Superintendent  shall,  if  practica- 
ble, secure  lecturers  and  instructors  competent  to  instruct 
teachers  in  the  theory  and  practice  of  teaching.  Every  Board 
of  Trustees  and  every  Board  of  Education  shall  not  only  allow 
but  shall  require  the  teachers  in  its  employ  to  attend  every 
Teachers'  Institute  held  in  the  county;  and  when  the  Institute 
is  held  during  the  time  that  teachers  may  be  employed  in  teach- 
ing, their  pay  shall  not  be  diminished  by  reason  of  attendance 
on  said  Institute.  For  the  payment  of  the  expenses  of  the  Payment  of 
Institute,  a  sufficient  sum,  not  exceeding  one  hundred  dollars  in  **p®"^®'- 
any  one  year,  shall  be  paid  on  the  warrant  of  the  Superintend- 
ent, out  of  the  unapportioned  County  School  Fund.  The  Su- 
perintendents of  two  or  more  counties  may  unite  and  hold  a 
joint  Institute,  in  which  case  the  expenses  shall  be  apportioned 
by  the  Superintendents  between  the  counties  joining  in  the 
Institute.  In  any  county  in  which  there  are  less  than  ten 
school  districts,  the  Superintendent  may,  if  he  deem  proper, 
hold  an  Institute.  Any  county  in  which  the  teachers  have  a 
regularly  organized  County  Association  or  Institute,  and  hold 
regular  monthly  meetings  during  the  y^ar,  shall  be  excepted 
from  the  provisions  of  this  section  whenever  a  majority  of  the 
teachers  of  said  county  shall  determine  by  vote  to  sustain  such 
monthly  associations. 

Sec.  22.  The  County  Superintendent  shall  furnish  his  office  works  on 
with  such  works  on  school  architecture  as  may  be  prescribed  by  ^-cMtecture 
the  State  Board  of  Education,  and  shall  pay  for  them  on  his  own 
warrant,  out  of  the  unapportioned  CountySchool  Fund.  Such 
works  shall  be  kept  in  his  office  for  the  use  of  Trustees  and 
teachers.  Except  in  cities  having  special  Boards  of  Education, 
no  school  house  shall  be  erected  unless  the  Trustees  first  submit 
the  plan  to  the  County  Superintendent;  and  in  all  plans,  as  far 
as  practicable,  regard  shall  be  had  to  taste,  convenience,  dura- 
bility, and  economy. 


claims. 


of  school 
districts 


10  REVISED   SCHOOL   LAW. 

District  Sec.  23.     If  at  any  time  when  there  is  sufficient  money  in  the 

kepttpeu.^^  County  Treasury  to  the  credit  of  any  school  district  to  keep  a 
school  open  in  said  district  for  a  period  of  five  months,  and  if 
the  Trustees  of  such  district,  from  any  cause  whatever,  fail, 
neglect,  or  refuse  to  open  such  school,  and  keep  it  open,  the 
County  Superintendent  shall  appoint  a  teacher,  and  cause  the 
school  to  be  opened  and  kept  open,  and  he  shall  pay  therefor  by 
his  warrant  on  the  fund  to  the  credit  of  the  district. 
Payment  of  Sec.  24.  It  shall  be  the  dut}^  of  the  County  Superintendent 
of  each  county  to  draw  his  warrant  on  the  County  Treasurer 
for  any  bill  in  favor  of  any  school  district,  duly  signed  by  the 
Trustees  and  authorized  by  the  provisions  of  this  Act,  and  to 
draw  his  warrant  in  his  own  favor  on  the  unapportioned  county 
school  money  for  the  payment  of  members  of  the  County  Board 
of  Examination;  for  the  expenses  of  an  annual  County  Institute; 
for  the  binding  of  school  documents,  not  to  exceed  twenty  dol- 
lars a  year;  for  postage  and  expressage  for  his  office,  not  to 
exceed  one  dolhir  for  each  district  in  his  county;  and  for  any 
other  incidental  expense  of  his  office  which  may  be  authorized 
in  this  Act. 
Boundaries  Sec.  25.  It  shall  be  the  duty  of  every  County  Superintendent 
to  inquire  and  ascertain  whether  the  boundaries  of  school  dis- 
tricts in  his  county  are  definitely  and  plainly  described  in  the 
records  of  the  Board  of  Supervisors ;  and  to  keep  in  his  office  a 
full  and  correct  transcript  of  such  boundaries.  In  case  the 
boundaries  of  districts  are  conflicting  or  incorrectly  described, 
he  shall  change,  harmonize,  and  describe  them,  and  make  a 
report  of  such  action  to  the  Supervisors;  and  on  being  ratified 
by  the  Supervisors,  the  boundaries  and  descriptions  so  made 
shall  be  the  legal  boundaries  and  descriptions  of  the  districts  of 
that  county.  For  searching  and  transcribing  such  records,  and 
equalizing  district  boundaries,  he  may  be  allowed  by  the  Super- 
visors a  sum  not  exceeding  five  dollars  per  day  for  each  day's 
labor,  to  be  paid  out  of  the  County  School  Fund.  The  County 
Superintendent,  if  he  deem  it  necessary  for  the  guidance  of 
School  Census  Marshals,  may  order  the  descriptions  of  the  dis- 
trict boundaries  to  be  printed  in  pamphlet  form,  and  pay  for 
the  same  out  of  the  County  School  Fund. 
Saiai-y, and  Sec.  26.  Each  County  Superintendent,  except  when  other- 
ex^ensS^of  ^'^^^  providcd  by  statute,  shall  receive  such  salary  and  his  rea- 
Supor-  sonable  travelling  expenses,  to  be  estimated  by  the  Board  of  Su- 
pervisors, and  as  may  be  allowed  by  the  Board  of  Supervisors, 
which  shall  be  paid  out  of  the  County  General  Fund  in  the  same 
manner  as  other  salaried  county  officers  arc  paid;  provided,  that 
such  compensation  shall  not  be  less  than  a  sum  equal  to  twenty 
dollars  for  each  school  district  in  his  county,  and  that  he  shall 
be  allowed,  in  addition  to  his  salary,  a  sum  for  postage  and 
expressage,  payable  out  of  the  County  School  Fund,  equal  to  one 
dollar  for  each  school  district. 

or    SCHOOL   DISTRICTS. 

School  Sec.  27.     Each  county,  or  city,  or  incorporated  town,  shall 

diBtnct.       constitute  one  school  district,   unless   districts   are   otherwise 


REVISED    SCHOOL   LAW.  11 

determined  and  established  by  the  Board  of  Supervisors  or  the 
proper  city  authorities. 

Sec.  28.  For  the  purpose  of  organizing  a  new  district,  or  for  Organization 
a  subdivision  of  or  change  in  the  boundaries  of  an  old  one,  dLtrictsl 
except  as  provided  in  section  twenty-five,  at  least  ten  heads  of 
families  must  present  a  petition  to  the  County  Superintendent, 
setting  forth  the  boundaries  of  the  new  district  asked  for,  or  the 
change  of  boundaries  desired,  with  reasons  for  the  same.  The 
County  Superintendent  shall  transmit  the  petition  to  the  Board 
of  Supervisors,  with  his  approval  or  disapproval,  and  such 
changes  in  the  boundaries  as  he  may  deem  necessary  or  advis- 
able. The  Supervisors  shall  establish  the  district  as  approved 
by  the  County  Superintendent;  provided^  that  by  a  unanimous 
vote  of  the  wliole  Board  they  may  establish  the  district  in 
accordance  with  the  original  prayer  of  the  petition,  or  with  such 
modifications  as  they  may  choose  to  make,  or  may  reject  it. 

Sec.  29.     No  new  district  formed  by  the  subdivision  of  an  old  Division  of 
one  shall  be  entitled  to  any  share  of  the  public  moneys  belonging  fJ^?eTn  old" 
to  the  old  district  until  a  school  has  been  actually  commenced  in  and  new 
such  new  district;  and  unless  within  four  months  from  the  action 
of  the  Supervisors  a  school  is  opened,  then  the  action  making 
a  new  district  shall  be  void;  and  all  elections  or  appointments 
of  Trustees  made  in  consequence  of  such  action,  and  all  rights 
and  offices  of  the  parties  so  elected  or  appointed,  shall  cease  and 
determine;  and  all  taxes  which  may  have  been  levied  in  such 
old  district  shall  be  valid  and  binding  upon  the  real  and  personal 
property  of  the  new  district,  and  shall  be  collected  and  paid  into 
the  School  Fund  of  the  district. 

Sec.  30.  When  a  new  district  is  formed  by  the  division  of  an 
old  one,  it  shall  be  entitled  to  a  just  share  of  the  school  moneys 
to  the  credit  of  the  old  district,  after  the  payment  of  all  out- 
standing debts  at  the  time  when  a  school  was  actually  com- 
menced in  such  new  district;  and  the  County  Superintendent 
shall  divide  and  apportion  such  remaining  moneys,  and  such  as 
may  afterwards  be  apportioned  to  the  old  district,  according  to 
the  number  of  census  children  resident  in  each  district,  for 
w4iich  purpose  he  may  order  a  census  to  be  taken. 

Sec.  31.  Whenever  a  district  is  formed  lying  partly  in  two  District 
adjoining  counties,  the  Census  Marshal  shall  report  to  each  l^ofounties. 
County  Superintendent  the  number  of  children  in  the  district 
residing  in  his  county.  In  the  same  manner  the  Trustees  and 
teacher  shall  make  a  distinct  and  separate  report  of  all  school 
statistics;  and.  a  teacher's  certificate  granted  by  the  Board  of 
Examination  of  one  county  shall  be  valid  for  both  counties. 

Sec.  32.     Any  two  or  more  adjoining  districts  may,  by  con- union frram- 
current  vote,  agree  to  establish  a  union  grammar  school  for  the  ^^rsciwois- 
more  advanced  children  of  such  districts,  under  the  joint  super-  - 
vision   of  the    Trustees,   or  a  committee  of  Trustees  of  such 
districts;  and  such  school  shall  be  entitled  to  its  pro  rata  of 
public  moneys  belonging  to  such  united  districts,  apportioned 
according  to  the  average  number  of  scholars  attending  such 
school  from  each  district.     Said  joint  committee  of  Trustees 
shall  have  power  to  assess  rate  bills,  to  appoint  teachers,  and  to 
manage  the  general  business  affairs  of  the  school. 


12 


REVISED    SCHOOL   LAW. 


Custody  and 
disposition 
of  school 
property. 


School  prop-      Sec.  33.     All  school  property  owned  by  any  district,  town,  or 
STa^^etc.  ^ity?  ^^^  devoted  to  school  purposes,  shall  be  and  the  same  is 
hereby  exempted  from  taxation,  and  from  sale  on  any  execution, 
or  other  writ  or  order  in  the  nature  of  an  execution. 

Sec.  34.  The  Board  of  Trustees  of  each  school  district  shall 
have  custody  of  all  school  property  belonging  to  the  district, 
and  shall  have  power  in  the  name  of  the  district,  or  in  their 
own  names  as  Trustees  of  the  district,  to  convey  by  deed  all 
the  interest  of  their  district  in  or  to  any  school  house  or  lot 
directed  to  be  sold  by  vote  of  the  district;  and  all  conveyances 
of  real  estate  made  to  the  district  or  to  the  Trustees  thereof 
shall  be  made  to  the  Board  of  Trustees  of  the  district,  and  to 
their  successors  in  office.  Said  Board,  in  the  name  of  the  dis- 
trict, shall  have  power  to  transact  all  business  necessary  for 
maintaining  schools  and  protecting  the  rights  of  the  district. 


OF    SCHOOL   ELECTIONS   AND   TRUSTEES. 


Elections.  Sec.  35.  An  annual  school  meeting  for  the  election  of  School 
Trustees  shall  be  held  in  each  district  on  the  last  Saturday  in 
June  of  each  year,  at  the  district  school  house,  if  there  be  one, 
and  if  there  be  none,  at  a  place  to  be  designated  by  the  Board 
of  Trustees.  The  Trustees  shall  post  written  or  printed  notices 
thereof,  specifying  the  day,  time,  and  place  of  meeting,  in  at 
least  three  public  places  in  the  district,  one  of  which  shall  be 
the  school  house,  at  least  five  days  previous  to  the  time  of  meet- 
ing. If  the  Trustees  fail  to  give  notice  thereof,  as  required, 
then  any  citizen  of  the  district  may  give  it;  but  no  such  meet- 
ing shall  be  illegal  for  want  of  due  notice.  All  elections  shall 
be  held  by  ballot;  and  the  Trustees  shall  have  power  to  deter- 
mine the  hours  during  which  the  ballot  box  shall  be  kept  open, 
having  given  due  notice  thereof  in  the  posted  notice  of  election. 
Every  elector  legally  qualified  to  vote  at  any  general  election, 
having  been  a  resident  of  the  school  district  thirty  days  next 
previous  to  the  time  of  such  district  election,  shall  be  entitled 
to  vote.  Any  person  off'ering  to  vote  may  be  challenged  by  any 
legall}^  qualified  elector  of  the  district,  and  the  Judge  of  Elec- 
tion shall  thereon  administer  to  the  person  challenged  an  oath 
in  substance  as  follows:  "You  do  swear  [or  affirm]  that  you 
are  a  citizen  of  the  United  States;  that  you  are  twenty-one 
years  of  age,  according  to  the  best  of  your  information  and 
belief;  that  you  have  resided  in  this  State  six  months  next  pre- 
ceding this  election,  and  in  this  school  district  tfhirty  days,  and 
that  you  have  not  before  voted  this  da3\'^  If  he  shall  refuse  to 
take  the  oath,  his  vote  shall  be  rejected;  and  any  person  guilty 
of  illegally  voting  shall  be  punished  as  provided  in  the  general 
election  law  of  this  State.  The  Trustees  shall  appoint  the 
Inspector  and  Judges  of  Election;  and  in  case  none  are  so 
appointed,  or  if  they  are  not  present  at  the  time  for  opening 
the  polls,  then  the  electors  present  may  appoint  the  officers  of 
election.  A  poll  and  tally  list  shall  be  kept,  which  shall  be 
returned  to  the  Clerk  of  the  Board  of  Trustees;  and  with  the 
exceptions  mentioned  in  this  section,  the  election  shall  be  con- 
ducted, as  far  as  practicable,  in  the  form  and  manner  of  the 
'     general  election.     Any  one  of  the  old  Trustees  shall  have  power 


REVISED    SCHOOL   LAW.  Id 

to  administer  to  any  Trustee  elect  the  oath  of  office ;  and  the 
Clerk  of  the  Election  shall  issue  his  certificate  of  election  to  any 
Trustee  elect,  who  shall  forward  it,  with  the  oath  attached  or 
indorsed  thereon,  to  the  County  Superintendent  of  Public 
Schools. 

Sec.  36.  In  all  organized  districts  in  which  elections  have  TermofofRce 
been  previously  held,  one  Trustee  shall  be  elected  for  the  term  <>^^"»«'«««- 
of  three  j^ears,  and  if  there  are  vacancies  to  be  filled,  a  sufficient 
number  to  fill  them  for  the  unexpired  terms  -,  and  the  ballots 
thall  specify  the  respective  terms  for  which  each  Trustee  is  to 
be  elected.  In  new  districts,  acting  under  Trustees  appointed 
by  the  County  Superintendent,  three  Trustees  shall  be  elected, 
for  one,  two,  and  three  years  respectively.  Trustees  elect  shall 
take  office  on  the  first  Saturday  in  July  next  after  their  elec- 
tion, and  shall  hold  office  until  their  successors  are  elected  and 
qualified,  or  appointed  by  the  County  Superintendent  and  quali- 
fied. The  term  of  office  of  any  Trustee  whose  term  would 
otherwise  expire  in  September  of  any  year,  shall  expire  on  the 
first  Saturday  in  July  of  the  same  year.  Any  Trustee  elect 
who  shall  fail  to  qualify  within  ten  days  after  the  term  of  office 
commences  shall  forfeit  all  right  to  the  office,  and  the  County 
Superintendent  shall  appoint  to  fill  the  vacancy. 

Sec.  37.     Whenever  any  new  district  is  formed  by  ordinance  organization 
of  the  Board  of  Supervisors,  within  thirty  days  thereafter  ajj^"^^^'^' 
special  school  meeting  may  be  called  by  notice  of  any  three 
legal  voters  of  said  district,  and  such  meeting  shall  be  conducted 
in  the  manner  and  form  provided  in  this  Act  for  the  annual 
school  meeting  for  the  election  of  Trustees.     Such  new  district 
shall  be  considered  organized  whenever  any  two  of  the  Trustees 
elected  shall  have  qualified,  and  the  record  of  the  District  Clerk 
shall  be  prima  facie  evidence  of  the  legal  organization  of  the 
district.      The  name  of  the  new  district,  unless  a  name  shall  Name. 
have  been  given  by  act  of  the  Supervisors,  may  be  determined 
by  a  majority  of  voters  present  at  the  first  election  of  Trustees; 
but  if  at  such  meeting  no  name  was  given,  then  the  Trustees  at 
their  first  meeting  shall  name  the  district,  and  the  Clerk  shall 
record  it  in  his  record  book. 

Sec.  38.     No  district  school  meeting,  annual  or  special,  shall  Meetings, 
be  organized  before  nine  o'clock  a.  m.,  or  closed  before  twelve 
o'clock  M.,  or  kept  open  less  than  one  hour;  and  in  all  districts  Poiis. 
in  which  the  number  of  children  between  five  and  fifteen  years 
of  age  equals  or  exceeds  three  hundred,  the  j)olls  shall  be  kept 
open  from  eight  o'clock  a.  m.,  until  sunset. 

Sec.  39.     Each  Board  of  Trustees  shall,  within  ten  days  after  Election  of 
the  annual  election,  meet  at  the  school  house,  or  if  that  be  cS^* 
impracticable,  at  some  other  convenient  place  designated  by  the 
District  Clerk,  and  proceed  to  elect  one  of  their  number  Clerk 
of  the  Board,  who  shall  be  known  and  referred  to  as  "  District 
Clerk,"  and  it  shall  be  his  duty  to  record  all  proceedings  of  the  Duties. 
Board  in  a  suitable  record  book,  to  record  in  the  same  book  the 
proceedings  of  the  annual  school  meetings,  or  of  special  school 
meetings,  and  to  keep  an  accurate  and  detailed  account  of  all 
receipts  and  expenditures  of  school  moneys.     At  each  annual 
school  meeting  the  District  Clerk  shall  present  his  record  book 
for  public  inspection,  and  if  required,  shall  make  a  statement  of 


14 


REVISED   SCHOOL   LAW. 


Tax. 


Names  of 
districts. 


the  financial  condition  of  the  district  and  of  the  action  of  the 
Trustees. 

Sec.  40.  At  the  annual  election  for  School  Trustees,  the  peo- 
ple of  the  district  may  vote  a  tax,  not  to  exceed  half  a  mill  on 
the  dollar  of  the  taxable  property  of  the  district,  for  the  purpose 
of  paying  any  debt  of  the  district,  or  for  a  school  library,  or  for 
furniture  and  apparatus,  or  for  all  or  any  of  these  together  ;  and 
the  tax  so  voted  shall  be  levied  and  collected  as  is  elsewhere  pro- 
vided in  this  Act  for  levying  and  collecting  district  taxes  voted 
at  special  school  elections. 

Sec.   41.     Every  legally  organized   school   district   shall   be 

known  by  the  name  and  style  of  " District,  [using  the 

name  of  the  district,]  of County,''  [using  the  name  of  the 

county  in  which  such  district  is  situated;]  and  in  that  name 
the  Trustees  shall  be  capable  of  suing  and  being  sued  in  all 
Courts  and  places  whatever,  and  of  holding  and  convej'ing  real 
estate  for  the  use  and  benefit  of  such  district,  and  such  personal 
property  as  may  be  proper.  If  any  school  district  has  not  here- 
tofore been  named  as  herein  required,  but  has  been  designated 
only  by  number,  the  Trustees  shall  give  it  a  name,  and  the  Dis- 
trict Clerk  shall  record  it  in  the  record  book,  and  notify  the 
County  Superintendent  of  such  action.  In  counties  having 
several  districts  designated  by  different  numbers  of  the  same 
name.  District  Number  One  shall  retain  the  name,  and  the  others 
shall  be  given  a  different  name  each  ;  and  in  case  two  districts 
in  any  county  have  the  same  name,  the  County  Superintendent 
shall  have  power  to  change  the  name  of  either  or  both;  and  a 
number  shall  no  longer  be  used  as  a  i)art  of  the  designation  of 
any  school  district. 

Sec.  42.     Every  Board  of  Trustees  and  any  Board  of  Educa- 
tion  in   any  city,  city  and  county,  or  town,  unless  otherwise 
of  Education  ^xprcssly  providcd  by  law,  shall  have  power  and  it  shall  be 
their  duty : 

First — To  employ  and  dismiss  teachers,  janitors,  School  Cen- 
sus Marshals,  mechanics,  and  laborers,  and  to  fix,  alter,  allow, 
and  order  paid  their  salaries  and  compensations; 

Second — To  make  and  enforce  rules  and  regulations,  not  in 
conflict  with  the  general  regulations  of  the  State  Board  of  Edu- 
cation, for  the  government  of  schools,  pupils,  and  teachers,  and 
to  enforce  the  regulations  and  course  of  study  adopted  in  pur- 
suance of  State  law; 

Tldrd — To  provide  and  pay  for  out  of  the  school  moneys, 
school  furniture  and  apparatus,  and  such  other  articles,  mate- 
rials, or  supplies  as  may  be  necessary  for  school  use,  or  for  the 
use  of  the  School  Board ; 

Fourth — To  suspend  or  expel  pupils  from  school,  and,  in  cities 
or  large  towns,  to  exclude  from  scbool  children  under  six  years 
of  age,  when  the  interests  of  the  school  require  such  exclusion ; 

Fifth — To  rent,  furnish,  repair,  and  insure  school  houses ; 

Sixth — To  build  school  houses,  and  purchase  or  sell  school  lots, 
when  the  Trustees  may  be  directed  by  a  vote  of  the  district,  and 
when  the  Board  of  Education  may  be  directed  by  a'vote  of  the 
Board  of  Supervisors  of  the  county,  or  city  and  count}^ ; 

Seventh — To  purchase  personal  property,  and  to  receive,  lease, 
and  hold  in  fee,  in  trust  for  their  district,  town,  or  city,  any 


rowers  and 
duties  of 
Boards  of 


REVISED   SCHOOL   LAW.  15 

and  all  real  or  personal  proper!}^,  for  the  benefit  of  the  schools  Powers  and 

th  proof-  duties  of 

IlierCUI,  Boards  of 

Eighth — To  provide  books  for  indigent  children,  on  the  written  Trustees  and 
statement  of  the  teacher  that  the  parents  of  such  children  are  "^ ^'^"'''^***^^ 
not  able  to  purchase  them; 

Ninth — To  require  all  pupils  to  be  furnished  with  suitable 
books,  as  a  condition  of  membership  in  the  school; 

Tenth — To  provide  library  and  cabinet  cases; 

Eleventh — To  exclude  from  school  and  from  school  libraries  all 
books,  tracts,  papers,  or  catechisms  of  a  sectarian  character; 

Twelfth — To  require  the  State  series  of  text  books  adopted  in 
pursuance  of  State  law  to  be  used  exclusivel^y  in  their  schools ; 

Thirteenth — To  require  every  teacher  to  keep  a  State  school 
register ; 

Fourteenth — To  enforce  in  school  the  course  of  study  adopted 
and  prescribed  by  the  State  Board  of  Education  ; 

Fifteenth — To  require  teachers  to  attend  County  or  City  Insti- 
tutes, and  to  make  such  annual  reports  as  may  be  required  by 
the  Superintendent  of  Public  Instruction ; 

Sixteenth — To  make  an  annual  report,  on  or  before  the  twentieth 
day  of  July,  to  the  County  Superintendent,  in  the  manner  and 
form  and  on  the  blanks  prescribed  by  the  Superintendent  of  Pub- 
lic Instruction  ; 

Seventeenth — To  make  a  report,  whenever  required,  directly  to 
the  Superintendent  of  Public  Instruction,  of  the  text  books 
used  in  their  schools; 

Eighteenth — To  keep  a  registry  in  a  book  or  books  to  be  pro-  Pegistryof 
vided  for  that  purpose,  of  all  children  applying  for  and  entitled  <^^»^'^'^'^"- 
to  be  admitted  in  the  schools,  and  to  notify  the  parent  or  guardian 
of  such  children  when  vacancies  occur,  and  receive  such  children 
in  the  schools  in  the  order  in  which  they  may  be  registered. 
Such  register  shall  at  all  times  be  open  to  the  inspection  of  the 
public. 

Sec.  43.  The  Board  of  Education  of  each  city,  or  city  and  Appoint- 
county,  and  the  Board  of  Trustees  of  each  district,  shall  appoint  ^xnils^of' 
a  School  Census  Marshal,  on  or  before  the  first  day  of  June  of  Schooicen- 
each  year,  and  notify  the  County  or  City  Superintendent  of  such  ^"^'  *"  *  * 
appointment  in  writing.  It  shall  be  the  duty  of  the  School  Cen- 
sus Marshal  to  take,  annually,  in  the  month  of  June,  an  exact 
census  of  all  children  under  fifteen  years  of  age.  He  shall  take 
specifically  and  separately  a  census  of  all  white  children,  Negro 
children,  and  Indian  children  who  live  under  the  guardianship  of 
white  persons,  between  five  and  fifteen  3^ears  of  age,  and  shall  spe- 
c'lfy  the  number  and  sex  of  such  children,  and  the  names  of  their 
parents  or  guardians.  All  children  who  may  be  absent  from  home, 
attending  colleges,  college  schools,  boarding  schools,  and  private 
seminaries  of  learning,  shall  be  included  by  the  Marshal  in  the 
census  list  of  the  city,  town,  or  district  in  which  their  parents 
or  guardians  reside,  and  shall  not  be  taken  by  the  Census  Mar-, 
shal  of  the  city,  town,  or  district  where  they  may  be  attending 
such  private  institutions  of  learning.  The  Census  Marshal  shall 
further  report,  separatel}^,  the  number  of  white,  Negro,  and 
Indian  children  under  five  years  of  age,  and  the  whole  number 
of  Mongolian  children  under  fifteen  years  of  age,  and  also  such 
other  statistics  as  may  be  required  by  the  Superintendent  of 


schools. 


16  REVISED    SCHOOL   LAW. 

Public  Instruction  or  b}^.  City  Boards  of  Education.  He  shall 
make  a  full  report  thereof  on  the  blanks  furnished  for  that  pur- 
pose, under  oath,  to  the  County  Superintendent  or  the  City 
Board  of  Education,  on  or  before  the  first  da}^  of  July  next  after 
his  appointment,  and  deliver  a  copy,  if  required,  to  the  School 
Trustees.  The  Census  Marshal  shall  be  paid  by  the  Board  of 
Trustees  from  the  county  school  money  to  the  credit  of  the  dis- 
trict, in  the  same  manner  as  other  contingent  expenses  are  paid  ; 
and  Boards  of  Education  in  incorporated  cities  shall  audit  his 
bills  in  the  same  manner  as  bills  for  contingent  expenses  are 
audited  and  paid,  unless  otherwise  provided  by  law. 
Grading  of  Sec.  44.  Boards  of  Trustees  and  Boards  of  Education  shall 
have  power  and  it  shall  be  their  duty  to  grade  their  schools, 
and  to  organize  them  into  primarj^,  grammar,  and  high  school 
departments;  i^ro^j/cZeti,  there  be  means  sufficient  to  maintain  all 
three  departments,  and  to  accommodate  all  children  applying 
for  admission  into  the  primary  schools;  and  if  not,  then  the 
several  departments  shall  be  maintained  in  the  order  herein 
named,  the  primary  schools  having  preference. 
Tomaintain  Seo.  45.  It  shall  be  the  duty  of  all  Boards  of  Trustees  and 
equanength  Boards  of  Education  to  maintain  all  the  schools  established  by 
of  time.  them  in  any  district  or  city  for  an  equal  length  of  time  during 
the  year,  and,  as  far  as  practicable,  with  equal  rights  and  privi- 
leges;  provided,  in  all  cases  the  primary  schools  shall  first  be 
provided  for,  and  shall  have  the  preference. 
Supplies  and  Sec.  46.  Thc  District  Clerk  of  each  district  shall  provide  all 
repairs.  gchool  supplics  authorized  by  this  Act,  and  shall  keep  the  school 
house  in  repair  during  the  time  school  is  taught  therein ;  and  he 
shall  keep  an  accurate  record  of  all  expenses  incurred  by  him 
on  account  of  thc  school,  which  account  shall  be  audited  by  a 
majority  of  the  Board,  and  paid  out  of  the  county  school  moneys 
of  that  district. 
District  Sec.  47.     The  District  Clerk  may  act  as  Census  Marshal,  and 

Cleric  may    as  cithcr  Asscssor  or  Collector,  or  as  both,  of  district  taxes,  in 
Mar^haf"etc!  either  of  which  cases  he  shall  be  paid  the  same  compensation 
which  would  have  been  allowed  by  the  Board  to  any  other  per- 
son ;  and  the  provision  by  which  no  Trustee  is  allowed  to  receive 
compensation  for  his  official  services  shall  not  apply. 
Supplies  to        Sec.  48.     The  District  Clerk  is  hereby  required,  from  time  to 
^«  ij™»hed  time,  to  purchase  and  furnish  to  the  school,  free  of  charge,  such 
gratis.         supplies  of  pcns,  penholders,  pencils,  crayons  for  blackboards, 
ink,  and  stationery  for  the  use  of  pupils  as  must  be  used  in  car- 
rying out  the  course  of  study  prescribed  therein ;  and  the  County 
Superintendent,  upon  the  presentation  of  proper  vouchers,  and 
being  satisfied  that  such  supplies  were  proper,  needed,  and  used 
in  school,  shall  draw  his  warrant  in  favor  of  the  District  Clerk 
for  the  amount  so  expended.     And  in  incorporated  cities,  every 
Board  of  Education  shall  cause  to  be  famished  to  the  pupils, 
free  of  charge,  the  supplies  in  this  section  named,  and  shall  pay 
for  them  in  the  manner  provided  for  the  payment  of  other  school 
expenses, 
useof  school      Sec  49.     The  Board  of  Trustees  of  any  district  and  Board  of 
moneys.       Education  shall  use  the  school  moneys  received  from  State  or 
county  apportionment  during  any  school  year  exclusively  for  the 
support  of  schools  for  that  school  year ;  provided^  that  if  at  the 


EEVISED   SCHOOL  LAW.  '  17 

end  of  any  school  year  there  be  any  unexpended  balance,  it  may 
be  used  for  the  payment  of  any  claims  against  the  district  out- 
standing, or  it  may  be  used  for  the  year  succeeding. 

Sec.  50.     Any  Board  of  Trustees  may  use  the  county  school  use  of  school 
moneys  for  any  of  the  purposes  authorized  by  this  Act  \  but  all  "''"^y^. 
State  school  moneys,  except  in  those  cities  where  it  has  other- 
wise  been  expressly  provided  by  special   law,  shall   be   used 
exclusively  for  the  payment  of  teachers,  excepting  the  ten  per 
cent  reserved  for  district  school  library  purposes. 

Sec.  51.     Any  Board  of  Trustees  shall  be  liable,  as  Trustees,  Tmstees 
in  the  name  of  the  district,  for  any  judgment  against  the  district  jud^gmSt. 
for  any  salar}^  due  any  teacher  on  contract,  and  for  all  debts 
legally  contracted  under  the  provisions  of  this  Act ;  and  they 
shall  pay  such  judgment  or  liabilities  out  of  the  school  moneys 
to  the  credit  of  such  district. 

Sec.  52,     Any  Board  of  Trustees  shall  have  power: 

First — To  unite  two  contiguous  districts  in  the  same  county,  union  of  two 
or  in' adjoining  counties,  and  to  establish  a  union  school,  to  be  SrS.*^ 
supported  out  of  the  funds  belonging  to  their  respective  dis- 
tricts ;  and  a  school  thus  established  shall  be  governed  by  a 
joint  Board  composed  of  the  Trustees  of  the  combining  districts ; 

Second — To  make  arrangements  with  the  Trustees  of  any 
adjoining  district  for  the  attendance  of  such  children  in  the 
scliool  of  either  district  as  may  be  best  accommodated  therein, 
and  to  transfer  the  school  moneys  due  by  apportionment  to 
such  children  to  the  district  in  which  they  may  attend  school. 

OF   SCHOOLS. 

Sec.  53.     Every  school,  unless  otherwise  provided  by  special  who  may  bo 
law,  shall  be  open  for  the  admission  of  all  white  children  between  *'^™^"®'*- 
five  and  twenty-one  years  of  age  residing  in  that  school  district; 
and  the  Board  of  Trustees  or  Board  of  Education   shall  have 
power  to  admit  adults  and  children  not  residing  in  the  district 
whenever  good  reasons  exist  for  such  exceptions. 

Sec.  54.  All  schools,  unless  otherwise  provided  by  special  Grades, 
law,  shall  be  divided  into  three  grades,  viz:  first,  second,  and 
third.  Each  County  Superintendent  shall  determine  the  respec- 
tive grade  or  class  of  the  schools  of  his  county,  under  instruc- 
tions from  the  State  Board  of  Education.  No  person  shall  be 
eligible  to  teach  a  county  school  of  the  first  grade,  unless  the 
holder  of  a  certificate  equal  in  grade  to  a  first  grade  county 
certificate;  and  no  person  holding  merely  a  third  grade  county 
certificate  shall  be  eligible  to  teach  any  school,  except  one  of 
the  third  grade. 

Sec.  55.  All  schools  shall  be  taught  in  the  English  language,  conrseof 
and  instructions  shall  be  given  in  the  following  branches  in  the  e^ucaUon. 
several  grades  in  which  each  may  be  required  in  the  course  of 
study  adopted  in  pursuance  of  law,  viz:  reading,  writing,  ortho- 
graphy, arithmetic,  geography,  English  grammar,  history  of  the 
United  States,  physiology,  and  bookkeeping;  and  such  other 
studies  as  may  be  deemed  necessary,  may  be  authorized  by  the 
State  Board  of  Education,  or  Boards  of  Education  ofany  city,  or 


IS 


REVISED    SCHOOL   LAW. 


Indians. 


Negro,  Mon- 
golian, and 
Indian 
children. 


Vote  on 
admiBgion. 


Laws,  rules  J 
etc . ,  made 
applicable . 


Sectarian 
books  pro- 
hibited. 


Duration  of 
echool  ses- 
sions. 


city  and  county  ;  provided,  that  no  such  studies  shall  be  pursued 
to  the  neglect  or  exclusion  of  the  studies  herein  specified,  and 
that  thorough  instruction  shall  first  be  given  in  all  these 
branches.  Instruction  shall  be  given  in  all  grades  of  schools, 
and  in  all  classes,  during  the  entire  school  course,  in  manners 
and  morals,  and  the  laws  of  health ;  and  due  attention  shall  be 
given  to  such  physical  exercises  for  the  j^upils  as  may  be  con- 
ducive to  health  and  vigor  of  body,  as  well  as  mind;  and  to  the 
ventilation  and  temperature  of  school  rooms. 

Sec.  66.  Any  Board  of  Trustees,  or  Board  of  Education,  by 
a  majority  vote,  may  admit  into  any  public  school  half-breed 
Indian  children,  and  Indian  children  who  live  in  white  families 
or  under  guardianship  of  white  persons. 

Sec.  57.  Children  of  African  or  Mongolian  descent,  and  Indian 
children  not  living  under  the  care  of  white  persons,  shall  not  be 
admitted  into  public  schools,  except  as  provided  in  this  Act; 
provided,  that  upon  the  written  application  of  the  parents  or 
guardians  of  at  least  ten  such  children  to  any  Board  of  Trus- 
tees or  Board  of  Education,  a  separate  school  shall  be  estab- 
lished for  the  education  of  such  children ;  and  the  education  of 
a  less  number  may  be  provided  for  by  the  Trustees  in  any  other 
manner. 

Sec.  58.  When  there  shall  be  in  any  district  any  number  of 
children,  other  than  white  children,  whose  education  can  be 
provided  for  in  no  other  way,  the  Trustees,  by  a  majority  vote, 
may  permit  such  children  to  attend  schools  for  white  children ; 
provided,  that  a  majority  of  the  parents  of  the  children  attend- 
ing such  school  make  no  objection,  in  writing,  to  be  filed  with 
the  Board  of  Trustees. 

Sec.  59.  The  same  laws,  rules,  and  regulations  which  apply 
to  schools  for  white  children,  shall  apply  to  schools  for  colored 
children. 

Sec.  60.  No  books,  tracts,  papers,  catechisms,  or  other  pub- 
lications of  a  sectarian  or  denominational  character,  shall  be 
used  or  distributed  in  any  school,  or  shall  be  made  a  part  of  any 
school  library;  neither  shall  any  sectarian  or  denominational 
doctrine  be  taught  therein;  and  any  school  district,  town,  or 
city,  the  officers  of  which  shall  knowingly  allow  any  schools  to 
be  taught  in  violation  of  these  provisions,  shall  forfeit  all  right 
to  any  State  or  count}^  apportionment  of  school  mone3^s ;  and 
upon  satisfactory  evidence  of  such  violation,  the  State  Superin- 
tendent and  County  Superintendent  shall  withhold  both  State 
and  county  apportionments. 

Sec.  61.  For  the  purpose  of  protecting  the  health  of  young 
children,  it  is  hereby  provided  that  no  school  in  which  the  average 
age  of  the  pupils  does  not  exceed  eight  years  shall  be  continued 
in  session  more  than  four  hours  a  day,  exclusive  of  intermis- 
sion;  and  no  school  whatever  shall  be  continued  in  session 
more  than  six  hours  a  day,  exclusive  of  an  intermission  at  noon; 
and  no  pupil  under  eight  years  of  age  shall  be  kept  in  school 
more  than  four  hours  per  day;  and  any  violation  of  the  pro- 
visions of  this  section  shall  be  treated  in  the  same  manner  as  a 
violation  of  section  sixty. 


REVISED    SCHOOL   LAW.  19 

OP   PUPILS. 

Sec.  62.     Pupils  shall  be  admitted  into  the  schools  in  the  order  Admissionto 
in  which  they  apply  to  be  registered ;  ar"^  &"  ^.^pils  who  may  be  pti^siinlmi 
admitted  into  public  schools  shall  comply  with  the  regulations  expulsion, 
established  in  pursuance  of  law  for  the  government  of  such 
schools,  shall  pursue  the  required  course  of  study,  and  shall 
submit  to  the  authority  of  the  teachers  of  such  schools.     Con- 
tinued and  wilful  disobedience,  and  open  defiance  of  the  author- 
ity of  the  teacher,  shall  constitute  good  cause  for  expulsion 
from  school;  and  habitual  profanity  and  vulgarity,  good  cause 
for  suspension  from  school.     Any  pupil  who  shall  in  any  way 
cut,  deface,  or  otherwise  injure  any  school  house,  fences,  or  out- 
buildings thereof,  shall  be  liable  to  suspension  and  punishment; 
and  the  parents  of  such  pupil  shall  be  liable  for  damages,  on 
complaint  of  the  teacher  or  Trustees. 

OF   TEACHERS. 

Sec.  63,  Evfery  teacher  employed  in  any  public  school  shall  Tomake 
make  an  annual  report  to  the  County  Superintendent,  on  or  ^^p^^'^- 
before  the  tenth  day  of  July  next  after  the  close  of  each  school 
year,  in  the  form  and  manner  and  on  the  blanks  prescribed  by 
the  Superintendent  of  Public  Instruction.  A  duplicate  of  such 
report,  when  required  by  the  Trustees,  shall  be  furnished  to  the 
District  Clerk.  Any  teacher  who  shall  end  any  school  term 
before  the  close  of  the  school  year,  shall  make  a  report  to  the  \ 

County  Superintendent  immediately  after  the  close  of  such  term; 
and  any  teacher  who  may  be  teaching  any  school  at  the  close  of 
the  school  year,  shall,  in  his  or  her  annual  report,  include  all 
statistics  from  the  school  register  for  the  entire  school  year, 
notwithstanding  any  previous  report  for  a  part  of  the  year. 
Teachers  shall  make  such  additional  reports  as  may  be  required  _ 
in  pursuance  of  law  by  the  State  or  by  City  Boards  of  Educa- 
tion.    No  County  Superintendent,  or  City  Superintendent,  or  withholding 
Board  of  Education,  or  Board  of  Trustees,  shall  draw  any  order  ^^^^^^y- 
or  warrant  for  the  salary  of  any  teacher  for  the  last  month  of 
his  or  her  services,  until  the  reports  herein  required  shall  have 
been  made  and  received. 

Sec.  64.     Every  teacher  shall  keep  a  State  school  register,  in  Tok«ep 
the  manner  provided  therefor;  and  no  County  Superintendent  I^^Yster^^^ 
shall  draw  any  warrant  for  the  salary  of  any  teacher  for  the  last 
month  of  his  or  her  services  in  school  at  the  end  of  any  term  or 
year  until  he  shall  have  received  a  certificate  from  the  District 
Clerk  that  the  said  register  has  been  properly  kept,  the  sum- 
maries made,  and  the  statistics  entered ;  or  until,  by  personal 
examination,  he  shall  have  satisfied  himself  that  it  has  been  done. 
Teachers  shall  faithfully  enforce  in  school  the  course  of  study 
and  the  regulations  prescribed  in  pursuance  of  law;  and  if  any  withholding 
teacher  shall  wilfully  refuse  or  neglect  to  comply  with  such  ^^^^^^y- 
requisitions,- then  the  County  Superintendent  shall  be  authorized 
to  withhold  any  warrant  for  salary  due  until  such  teacher  shall 
comply  therewith. 

Sec  65.     No  teacher  shall  be  entitled  to  draw  for  salary  any  salary, 
school  moneys,  unless  such  teacher  shall  be  employed  by  a  ma- 


20  REVISED    SCHOOL   LAW. 

jority  of  the  Trustees;  nor  unless  the  holder  of  a  legal  State, 
cit3^  or  county  teachers'  certificate,  in  full  force  and  effect. 
Contracts.         Sec.  66.     In  cvery  contract,  whether  written  or  verbal,  be- 
tween any  teacher  and  any  Board  of  Trustees,  except  in  incor- 
Definition  of  porated  cities,  a  school  month  shall  be  construed  and  taken  to 
month."'       be  twenty  school  days,  or  four  weeks  of  five  school  days  each; 
and  no  teacher  sliall  be  required  to  teach  school  on  Saturday, 
the  Fourth  Day  of  July,  the  First  Day  of  January,  Christmas 
Day,  the  days  of  the  general  election  and  special  judicial  elec- 
tion, and  such  days  of  fasting  or  thanksgiving  as  may  be  ap- 
pointed by  the  President  of  the  United  States,  or  the  Governor 
of  this  State  ;  and  no  deduction  from  the  teacher's  time  or  wages 
shall  be  made  by  reason  of  the  fact  that  a  school  day  happens 
to  be  one  of  the  days  referred  to  in  this  section  as  a  day  on 
which  school  shall  not  be  taught.     Any  contract  made  in  viola- 
tion of  the  provisions  of  this  section  shall  have  no  force  or  effect 
as  against  the  teacher. 
Disorderly         Sec.  67.     Evcry  tcachcr  shall  have  power  to  hold  every  pnpil 
euspens/on"^  to  a  strict  accountability,  in  school,  for  any  disorderly  conduct 
of  pupils,     on  the  way  to  or  from  school,  or  on  the  pla}^  grounds  of  the 
school,  or  during  intermission  or  recess,  to  suspend  from  school 
any  pupil  for  good  cause;  provided,  that  such  suspension  shall 
be  reported  by  the  teacher  to  the  Trustees  as  soon  as  practicable ; 
and  if  such  action  is  not  sustained  by  them,  the  teacher  .may 
appeal  to  the  County  Superintendent,  whose  decision  shall  be 
final,  whether  for  or  against  expulsion, 
/ppeaiin         Sec.  68.     In  all  cases  of  the  revocation  of  a  certificate,  the 
certificate."^  tcachcr  shall  have  the  right  of  appeal  from  any  City  or  County 
Board  of  Examination  to  the  State  Board  of  Examination  ;  and 
upon  the  revocation  of  a  State  diploma  or  certificate,  to  the 
State  Board  of  Education. 
Dismissal.         Sec.  69.     In  casc  of  the  dismissal  of  any  teacher  before  the 
expiration  of  any  written  contract  entered  into  between  such 
teacher  and  Trustee,  for  alleged  unfitness,  or  incompetence,  or 
violation  of  rules,  the  teacher  shall  have  the  right  of  appeal  to 
the  County  Superintendent,  and  if  such  County  Superintendent 
shall  decide  that  the  removal  was  made  without  good  cause, 
the  teacher  so  removed  shall  be  reinstated  in  school,  and  shall 
continue  during  the  time  of  contract.     Any  teacher  whose  salary 
is  withheld  in  pursuance  of  the  provisions  of  this  Act,  shall 
have  the  right  of  appeal  to  the  Superintendent  of  Public  Instruc- 
tion, whose  decision  shall  be  final. 
Teachers  to       Sec.  70.     It  shall  be  the  duty  of  all  teachers  to  endeavor  to 
imipaTriotic  impress  on  the  minds  of  their  pupils  the  principles  of  morality, 
principles,    truth,  justicc,  and  patriotism  ;  to  teach  them  to  avoid  idleness, 
profanity,  and  falsehood;  and  to  instruct  them  in  the  principles 
of  a  free  government,  and  to  train  them  up  to  a  true  compre- 
hension of  the  rights,  duties,  and  dignity  of  American  citizen- 
ship. 

STATE   NORMAL   SCHOOL. 

Trustees.  Sec.  71.     The  mcmbcrs  of  the  State  Board  of  Education,  except 

the  Principal  of  the  State  Normal  School,  are  hereby  constituted 
ox  officio  the  Board  of  Trustees  of  the  State  Normal  School. 


REVISED    SCHOOL   LAW.  2t 

Sec.  72.  The  Board  of  Trustees  of  the  State  IN'ormal  School  Powers  and 
shall  have  power  to  establish  and  continue  a  State  Normal  School  ^"^^''^' 
in  the  City  of  San  Francisco,  for  the  purpose  of  furnishing  free 
instruction  to  such  persons  residing  in  this  State  as  may  desire 
to  prepare  themselves  for  the  profession  of  teaching,  and  to 
teach  in  the  public  schools  thereof.  Said  Board  shall  have  full 
powers  to  prescribe  a  course  of  study  for  such  normal  school, 
and  the  text  books  to  be  used  therein;  to  examine,  employ,  and 
fix  the  salaries  of  teachers  therein  ;  to  hold  stated  examinations 
of  the  pupils  attending  such  normal  school,  and  to  award  diplo- 
mas as  hereinafter  provided  ;  to  arrange  and  eifect  all  the  details 
necessary  to  conduct  such  normal  school;  and  to  make  all  the 
regulations  and  by-laws  necessary  for  the  good  government 
and  management  of  the  same.  Males  over  seventeen  years  of 
age,  and  females  over  fifteen  years  of  age,  may  be  admitted 
as  pupils  of  said  school;  provided,  that  every  applicant  shall 
undergo  an  examination  in  such  manner  as  may  be  prescribed 
by  the  Board;  such  person  having  first  filed  a  certificate  with 
the  Principal  of  intention  to  engage  in  the  occupation  of  teach- 
ing in  the  public  schools  of  this  State.  The  seats  in  said  school  Apportion- 
shall  be  apportioned  among  the  applicants  therefor  from  the  "^^'^^ "^ '**^*» 
difi'erent  counties  of  this  State,  as  near  as  may  be  in  proportion 
to  the  representation  of  such  counties  in  the  State  Legislature. 

Sec.  73.  The  Board  of  Normal  School  Trustees  shall  have  Powers  and 
power  to  determine  the  course  of  study,  and  the  time  and  ^'^"^' 
standard  of  graduation,  and  to  issue  diplomas;  and  such  diplo- 
mas shall  entitle  the  holders  to  receive  a  State  certificate  or 
diploma,  the  grade  of  which  shall  be  determined  by  the  State 
Board  of  Examination.  Said  Board  shall  have  power  to  organ- 
ize and  maintain  a  training  school,  in  which  the  advanced  pupils 
of  the  normal  school  shall  be  required  to  teach  classes  of  pupils 
under  the  supervision  and  direction  of  experienced  teachers, 
capable  of  giving  instruction  in  the  best  methods  of  conducting 
primary  schools. 

Sec.  74.     The  Superintendent  of  Public  Instruction  shall  be  Execntiye 
the  executive  agent  and  Secretary  of  the  Board  of  Trustees  of  gfcIetaJy^of 
the  Normal  School.     He  shall  visit  the  school  from  time  to  time,  Trustees, 
inquire  into  its  condition  and  management,  enforce  the  rules 
and  regulations  of  the  Board,  require  monthly  reports  of  the 
teachers,  prescribing  the  form  thereof,  and  exercise  a  general 
supervision  over  the  school,  and   shall   make   in  his  biennial 
report  a  statement  of  receipts  and  expenditures,  and  of  the 
management  of  the  school. 

Sec.  75.  It  shall  be  the  duty  of  the  Principal  of  the  Normal  Principal  to 
School  to  make  a  detailed  annual  report  to  the  Board  of  Trus-  ^retc?" 
tees,  with  a  catalogue  of  pupils,  and  such  other  statistics  as  the 
Board  may  require  or  as  he  may  think  useful;  and  such  report 
may  be  ordered  printed  under  the  provisions  of  this  Act;  and 
if  printed,  it  shall  be  the  duty  of  the  Principal  to  furnish  a 
copy  thereof  to  each  Normal  School  in  the  United  States.  It 
shall  be  the  duty  of  the  Principal,  authorized  by  the  Board,  to 
attend  County  Institutes,  and  lecture  before  them  on  subjects 
relating  to  public  schools  and  the  profession  of  teaching.     All 


tion. 


3^  REVISED   SCHOOL   LAW. 

teachers  of  the  normal  school  shall  be  under  the  general  laws 
of  this  State  applying  to  public  school  teachers. 
Meetings  of  Sec.  76.  The  Boarcl  of  Normal  School  Trustees  shall  hold  at 
Board,  etc.  jg^st  two  meetings  each  year,  the  time  and  place  to  be  deter- 
mined by  the  Board;  but  special  meetings  may  be  called  by  the 
Secretary  of  the  Board,  upon  written  notice  to  each  member. 
The  Governor  shall  be  ex  officio  Chairman,  and  five  members 
shall  constitute  a  quorum ;  provided^  that  a  majority  of  all  the 
members  of  the  Board  shall  be  necessary  for  the  election  of 
teachers  or  for  fixing  their  salaries.  The  monthly  salaries  of 
teachers  and  bills  for  incidental  expenses  may  be  audited  by  an 
Executive  Committee  of  three,  appointed  by  the  Board.  No 
member  of  said  Board  shall  be  entitled  to  any  compensation  for 
official  services.  The  record  book  of  the  Board  shall  be  kept  in 
the  office  of  the  Superintendent  of  Public  Instruction. 
Appropria-  Sec.  77.  The  sum  of  sixteen  thousand  dollars  is  hereby 
appropriated  biennially  out  of  any  moneys  in  the  General  Fund 
not  otherwise  appropriated,  which  said  appropriation  shall  be 
set  apart  at  the  commencement  of  each  fiscal  year  to  support 
the  State  Normal  School;  and  the  Controller  is  hereby  directed 
to  draw  his  warrants  from  time  to  time  on  the  State  Treasurer, 
payable  out  of  said  appropriation,  and  the  unexhausted  remain- 
der, if  any,  of  any  prior  appropriation,  for  such  claims  or 
accounts  as  have  been  audited  by  the  Board  of  Trustees  of  the 
State  Normal  School,  or  the  Executive  Committee  thereof,  and 
the  Board  of  Examiners;  provided^  the  aggregate  of  warrants 
80  drawn  shall  not  exceed  in  any  one  fiscal  year  one  half  the 
appropriation  herein  made  for  such  years,  together  with  the 
remainder  of  unused  appropriations,  if  any,  of  any  previous 
fiscal  year  or  years;  and  whenever  at  the  expiration  of  any 
fiscal  year  a  balance  remains  to  the  credit  of  the  State  Normal 
School  Fund,  such  balance  shall  be  carried  forward  and  be" 
added  to  the  appropriation  for  the  succeeding  year. 

OF   SCHOOL   DISTRICT   LIBRARIES. 

Library  Sec.  78.     Evcry  County  Superintendent  and   every  County 

how'appUeci.  Treasurer  shall  set  apart  ten  per  cent  of  each  annual  apportion- 
ment of  State  School  Fund  for  each  district  as  a  "  District 
School  Library  Fund"  for  that  district;  and  said  fund  shall  be 
used  for  no  other  purpose;  provided,  that  when  ten  per  cent 
exceeds  fifty  dollars,  only  fifty  dollars  shall  be  so  set  apart ;  and 
fnvih.QV,  provided,  that  when  ten  per  .cent  is  less  than  ten  dollars, 
and  no  library  has  been  previously  formed,  the  money  shall 
remain  in  the  Treasury  until  subsequent  apportionments  or 
donations  shall  equal  that  sum.  The  Board  of  Trustees  of  each 
district  shall  procure  a  suitable  library  case,  and  shall  expend 
the  entire  ten  per  cent  set  apart  as  a  Librarj^  Fund,  together 
with  such  sums  as  may  be  added  thereto  by  subscription  or 
donation,  in  the  purchase  of  such  books  for  the  library  as  may 
be  authorized  by  the  State  Board  of  Education.  If  the  Trus- 
tees neglect  or  refuse  to  purchase  such  books,  then  it  shall  be 
the  duty  of  the  County  Superintendent  to  expend  the  Library 
Fund  to  the  credit  of  such  district,  and  pay  for  the  books  on 
his  own  warrant. 


REVISED   SCHOOL   LAW.  23^ 

Sec.  79.     The  Trustees  shall  have  the  same  control  over  the  Librarian, 
library  as  over  other  school  property,  and   shall  appoint  the 
teacher,  or  the  District  Clerk,  or  some  other  suitable  person,  to 
act  as  Librarian;  and  whenever  practicable  and  safe,  the  library 
shall  be  kept  in  the  school  house  of  such  district. 

Sec.  80.  It  shall  be  the  duty  of  the  State  Board  of  Education  List  of  books 
to  prepare  a  list  of  books  suitable  for  school  libraries,  in  which 
no  works  of  a  sectarian  character  shall  be  included,  and  which 
may  be  from  time  to  time  amended,  revised,  and  enlarged,  and 
to  prepare  uniform  rules  and  regulations  for  the  government  of 
district  libraries,  and  to  prescribe  penalties,  fines,  and  conditions 
of  membership. 

Sec.  81.     The   Trustees   shall   be   held   accountable  for   the  Government 
proper  care  and   preservation  of  the  library,  and  shall   have  vatio'n  of '^' 
power  to  assess  and  collect  all  fines,  penalties,  and  fees  of  mem-  library, 
bership,  and  to  make  all  needful  rules  and  regulations  not  pro- 
vided for  by  the  State  Board  of  Education,  and  not  inconsistent 
therewith;  and  they  shall  report  annually  to  the  County  Super- 
intendent all  library  statistics  which  may  be  required  by  the 
blanks  furnished  for   that  purpose    by  the   Superintendent  of 
Public  Instruction. 

Sec  82.  Trustees  ma}^  receive  donations  of  books,  maps,  or  Donations 
charts  from  any  person;  provided^  no  books  of  a  sectarian  char-  *'^'^^"®^- 
acter  shall  be  placed  in  the  library,  and  that  any  such  books 
found  therein  shall  be  removed  by  order  of  the  County  Super- 
intendent. The  library  shall  be  free  to  all  pupils  of  suitable  age 
belonging  to  the  school;  but  any  resident  of  the  district  may 
become  entitled  to  its  privileges  upon  the  payment  of  such  a 
sum  of  money  for  life  membership,  or  such  annual  or  monthly 
fee  as  may  be  prescribed  by  the  Trustees. 

Sec.  88.     In  cities  not  divided  into  school  districts,  or  in  any  Notappii- 
incorporated  towns  or  cities,  or  county  and   city,  the   provi-  incorporated 
sions  of  the  preceding  sections  relating  to  the  setting  apart  ^^^^^^^^"^^ 
ten  per  cent  of  the  State  School  Fund  as  a  Librarj^  Fund  shall 
not  apply;  but  the  sum  of  fifty  dollars — not  to  exceed  ten  per 
cent  of  the  State  apportionment — shall  be  set  apart  as  a  Library 
Fund  b}^  the  Board  of  Education  for  every  five  hundred  children 
between  the  ages  of  five  and  fifteen  years  within  the  limits  of 
such  city,  and  expended  as  provided  in  other  cases  for  the  for- 
mation of  school  libraries. 

OP   AN   educational   JOURNAL. 

Sec  84.  It  shall  be  the  duty  of  the  Superintendent  of  Public  Subscription 
Instruction  to  annually  subscribe  for  a  sufficient  number  of  copies 
of  some  monthly  journal  of  education,  to  supply  each  County 
Superintendent,  City  Superintendent,  District  Clerk,  and  each 
district  school  library,  with  one  copy  thereof  Said  journal  shall 
be  designated  hy  the  State  Board  of  Education,  and  shall  be  a 
journal  devoted  exclusively  to  educational  purposes,  and  pub- 
lished monthly,  in  California.  The  Superintendent  of  Public 
Instruction  shall  bo  one  of  its  editors,  and  it  shall  contain,  as  a 
condition  of  such  subscriptions  by  the  State,  a  department  of 
public  instruction,  in  which  shall  be  published  the  decisions, 
circulars,  instructions,  and  apportionments  of  school  funds  mado 


2-^  REVISED   SCHOOL   LAW. 

by  the  Superintendent  of  Public  Instruction  and  tbe  State  Board 
of  Education,  together  with  a  monthly  report  of  the  State  Nor- 
Price.  mal  School.     The  subscription  price  paid  for  each  annual  sub- 

scription of  twelve  monthly  copies  shall  not  exceed  one  dollar 
and  fifty  cents;  and  the  State  Board  of  Education  shall  have 
power  to  reduce  the  rate  whenever  said  journal  can  be  credit- 
Paymout.     ably  Sustained  at  a  lower  rate.     At  the  beginning  of  each  school 
year  the  Superintendent  of  Public  Instruction  shall  draw  his 
order  on  the  State  Controller  for  an  amount  sufficient  to  pay 
for  such  subscriptions  in  favor  of  such  journal,  which  order  shall 
be  certified  by  the  State  Board  of  Education,  and  allowed  by 
the  State  Board  of  Examiners,  whereupon  it  shall  be  the  duty 
of  the  State  Controller  to  draw  a  warrant  on  the  State  Treas- 
urer, payable  out  of  any  unapportioned  school  moneys  in  the 
Treasury. 
Appropria-        Sec.    85.     The   Superintendent  of   Public    Instruction    shall 
^re^JhlS^^^  annually  convene  and  preside  over  a  State  Teachers'  Institute, 
lustitute.     which  shall  continue  in  session  not  less  than  three  nor  more  than 
five  days.     The  sum  of  five  hundred  dollars  is  hereby  appro- 
priated biennially  out  of  any  unappropriated  moneys   in   the 
General   Fund,   for   the   purpose   of   defraying  the   necessary 
expenses  of  such  annual  institutes. 

STATE   BOARD    OP   EXAMINATION. 

BoardofEx-  Sec.  86.  There  shall  be  a  State  Board  of  Examination,  con- 
amiuation,  gjg^^j^g  ^f  ^^q  Superintendent  of  Public  Instruction,  who  shall  be 
ex  officio  Chairman,  and  four  professional  teachers,  who  shall  be 
appointed  by  the  Superintendent  of  Public  Instruction ;  provided, 
that  no  person  shall  be  eligible  to  such  appointment  unless  he 
bolds  a  State  educational  diploma.  The  Board  shall  meet  at  suclx 
times  and  places  as  may  be  designated  by  the  Chairman,  and. 
shall  hold  at  least  two  sessions  in  each  year.  It  shall  have  power 
to  grant  certificates  of  the  following  grades,  to  wit:  State  edu- 
cational diplomas,  valid  for  six  j'Cars;  State  certificates,  first 
grade,  valid  for  four  j^ears;  second  grade,  valid  for  two  years; 
third  grade,  valid  for  one  year. 
Manner  of  ^j.^c.  87.  Every  applicant  for  a  State  diploma,  or  for  a  State 
examina  ion  ggp^^gj^j^^g  Qf  ^]^g  gj.g^  qj.  gecoud  grade,  shall  be  critically  exam- 
ined, by  written  or  printed  questions,  and  by  additional  oral 
examination,  in  algebra,  arithmetic,  English  grammar,  English 
composition,  geography,  history  of  the  United  States,  school  law 
of  California,  physiology,  natural  philosophy,  orthography,  defin- 
ing, penmanship.  Constitution  and  Government  of  the  United 
States,  reading  and  elocution,  and  theory  and  practice  of  teach- 
ing. Extra  credits  may  be  given  for  ability  to  teach  drawing, 
vocal  or  instrumental  music,  and  school  calisthenics.  For  success 
and  experience  in  teaching,  extra  credits  may  be  allowed,  as  the 
Certificates  State  Board  of  Education  may  determine.  Certificates  shall  be 
anddipiomas  jggyg^  ^q  g^^^j^  persous  Only  as,  in  addition  to  passing  examina- 
tion in  the  studies  herein  specified,  shall  have  given  evidence  of 
good  moral  character  and  fitness  for  the  profession  of  teaching. 
State  educational  diplomas  shall  be  issued  to  such  persons  only 
as  shall  have  been  -employed  in  the  occupation  of  teaching  at 
least  three  years;  and  the  holders  of  said  diplomas  shall  be  eligi- 


REVISED   SCHOOL   LAW.  25 

ble  to  teach  in  any  public  school  in  the  State,  except  hi(2;h  schools 
in  which  the  ancient  and  modern  hinf^uages  are  required  to  be 
taught  by  such  teachers.  State  certificates  of  the  first  grade 
shall  entitle  the  holders  to  teach  in  county  schools  of  the  first 
grade,  and  in  all  grammar  schools.  State  certificates  of  the 
second  grade  shall  entitle  the  holders  to  teach  in  second  grade 
schools,  and  as  assistants  in  grammar  schools.  State  certificates 
of  the  third  grade  shall  entitle  the  holders  to  teach  in  any  pri- 
mary school.  The  standing  in  each  study  of  each  successful 
applicant  shall  be  indorsed  upon  the  back  of  his  or  her  diploma 
or  certificate,  together  with  his  or  her  total  percentage  and  rela- 
tive standing  in  the  class.  The  State  Board  of  Examination  Revocation, 
shall  have  power  to  revoke,  for  immoral  or  unprofessional  con- 
duct, or  habitual  profanity,  intemperance,  cruelty,  or  evident 
unfitness  for  the  profession  of  teaching,  any  diploma  or  certifi- 
cate granted  by  it,  and  to  renew  all  State  certificates  at  the 
expiration  of  the  time  for  which  they  were  granted. 

Sec.  88.     All  regularly  issued  State  Normal  School  diplomas  Diploma 
from  any  State  Normal  School  in  the  United  States,  and  all  life  evi'denceof 
diplomas  granted  by  the  State  Board  of  Examination  in  any  of  fitJiess. 
the  United  States,  shall  be  recognized  by  the  State  Board  of 
Examination  of  this  State  as  prima  facie  evidence  of  fitness  for 
the  profession  of  teaching;  and  the  said  Board  shall,  on  appli- 
cation of  the  holders  thereof,  proceed  to  issue  without  examina- 
tion. State  certificates,  the  grade  to  be  fixed  at  the  option  of  the 
'Board ',  jprovided,  m  all  cases  satisfactory  evidence  be  given  of 
good  moral  character  and  correct  habits.     All  applicants  for  Examina- 
State  diplomas  or  certificates  shall  pay  an  examination  fee  of  *^^°^^®' 
two  dollars,  which  shall  be  appropriated  to  the  support  of  the 
State  educational  journal. 

Sec.  89.     In  order  to  elevate  the  profession  of  teaching  and  Life 
advance  the  intei^ests  of  public  schools,  the  State  Board  of  Edu-  <iipio™*8- 
cation  shall  grant  teachers  life  diplomas,  which  shall  remain 
valid  during  the  life  of  the  holder,  unless  revoked  by  the  said 
Board  for  immoral  or  unprofessional  conduct,  or  want  of  qualifi-  v 

cations  to  teach.  Said  diploma  shall  be  granted  to  such  persons 
only  as  shall  have  taught  one  year  successfully  after  receiving  a 
State  educational  diploma  from  the  State  Board  of  Examina- 
tion, or  who  shall  have  held  for  one  year  after  receiving  a  State 
diploma  the  office  of  State,  City,  or  County  Superintendent. 
Applicants  for  life  diplomas  shall  file  with  the  State  Board  of 
Examination  certificates  of  their  success  in  teaching;  and  said 
Board,  after  due  consideration  and  examination,  shall  present 
the  application  to  the  State  Board  of  Education  with  a  recom- 
mendation either  for  or  against  its  being  granted.  The  State 
Board  of  Education  may  recognize  the  life  diplomas  of  other 
States  of  the  United  States,  and  issue  to  the  holders  thereof 
life  diplomas  of  this  State.  Each  applicant  for  a  State  life  Fee. 
diploma  shall  pay  the  sum  of  five  dollars  to  defray  the  expense 
of  filling  out  and  issuing  the  diploma. 


26 


REVISED  SCHOOL  LAW. 


COUNTY  BOARDS  OF  EXAMINATION. 


How 
composed. 


Meetings 
and  compen- 
sation. 


Certificates. 


Qualifica- 
tions neces- 
sary to  pro- 
cure. 


Sec.  90.  There  shall  be  in  each  county  a  County  Board  of 
Examination,  which  shall  be  composed  of  the  County  Superin- 
tendent, who  shall  bo  ex  officio  Chairman,  and  of  a  number  of 
teachers,  not  to  exceed  three,  to  be  appointed  by  him,  who  shall 
hold  office  for  one  year  from  the  first  of  July  next  succeeding 
their  respective  appointments;  but  no  person  shall  be  appointed 
unless  he  holds  either  a  State  diploma,  or  a  first  grade  State  or 
county  certificate.  The  Superintendent  shall  fill  vacancies  that 
occur  from  absence  or  other  cause ;  and  if  he  cannot  find  any 
teacher  in  his  county  qualified  under  the  provisions  of  this  sec- 
tion willing  to  serve,  he  shall  conduct  the  examination  himself. 
The  Board  shall  meet  at  such  times  and  places  as  may  be  desig- 
nated by  the  Chairman,  and  shall  hold  a  session  at  least  as  often 
as  once  in  every  three  months,  and  during  any  Teachers'  Insti- 
tute held  in  the  county.  The  Superintendent  of  Public  Instruc- 
tion shall,  ex  officio,  be  a  member  of  all  County  Boards  of 
Examination.  The  members  of  said  Board  shall  each  be  paid 
for  their  services  a  sum  not  exceeding  three  dollars,  in  addition 
to  actual  travelling  expenses,  for  each  session  of  said  Board,  to 
be  paid  out  of  the  unapportioned  County  School  Fund,  on  the 
warrant  of  the  County  Superintendent;  provided^  that  this  com- 
pensation shall  be  paid  only  at  the  regular  quarterly  examina- 
tions, and  that  whenever  said  Board  shall  hold  sessions  at  any 
other  time,  no  compensation  shall  be  allowed  from  the  county; 
but  in  cases  of  such  special  examinations  said  Board  may  charge 
an  examination  fee  not  exceeding  two  dollars  for  each  applicant. 

Sec.  91.  The  County  Board  of  Examination  shall  have  power 
to  grant  certificates  of  three  grades,  to  wit:  county  certificates, 
first  grade,  valid  for  three  years,  and  authorizing  the  holder  to 
teach  a  grammar  school  or  a  school  of  the  first  grade  in  the 
county;  county  certificates,  second  grade,  valid  for  two  years, 
and  authorizing  the  holder  to  teach  a  second  grade  school  in  the 
county;  county  certificates  of  the  third  grade,  valid  for  one 
year,  and  authorizing  the  holder  to  teach  a  third  grade  school 
in  the  county.  Third  grade  certificates  shall  be  granted  to 
female  teachers  only.  Certificates  vshall  be  issued  to  such  per- 
sons only  as  shall  have  given  evidence  of  good  moral  character, 
of  fitness  for  teaching,  and  of  ability  to  impart  their  knowledge.- 

Sec.  92.  Certificates  of  the  first  grade  shall  be  issued  to  those 
only  who  have  passed  a  satisfactory  examination  in  orthogra- 
phy, defining,  reading,  penmanship,  physiology,  natural  philoso- 
phy, English  composition,  arithmetic,  algebra,  geography,  gram- 
mar, history  of  the  United  States,  the  school  law  of  California, 
and  theory  and  practice  of  teaching.  Certificates  of  second  grade 
shall  be  issued  to  those  only  who  have  passed  a  satisfactory 
examination  in  all  of  the  above  subjects,  except  natural  philos- 
ophy and  algebra.  Extra  credits  may  be  given  in  all  grades 
for  ability  to  teach  drawing,  vocal  or  instrumental  music,  calis- 
thenics, and  other  branches,  as  may  be  determined  by  the  State 
Board  of  Education.  All  examinations  in  written  arithmetic, 
algebra,  orthography,  defining,  grammar,  history  of  the  United 
States,  and  Constitution  and  Government  of  the  United  States, 
shall  be  conducted  in  writing,  and  at  least  ten  questions  shall 


REVISED    SCHOOL   LAW.  27 

be  submitted  in  each  separate  study.  The  standing  of  each 
applicant  in  each  study  shall  be  indorsed  on  the  back  of  each 
certificate,  together  with  the  total  percentage  and  relative 
standing  in  the  class.  The  County  Board  shall  have  power, 
without  examination,  to  renew  certificates,  and  to  revoke,  for 
immoral  or  unprofessional  conduct,  or  habitual  profanit}^,  intem- 
perance, cruelt}',  or  evident  unfitness  for  the  profession  of 
teaching,  any  county  certificate. 

CITY   BOARD   OF   EXAMINATION. 

« 

Sec.  93.  In  every  city  having  a  Board  of  Education  governed  hcw 
by  special  laws  there  shall  be  a  City  Board  of  Examination  for  ^°^po«^^- 
determining  the  qualifications  of  teachers,  which  shall  consist 
of  the  City  Superintendent  of  Public  Schools  and  the  President 
of  the  Board  of  Education  of  that  city,  the  County  Superin- 
tendent of  the  county  in  which  such  city  is  situated,  and  of 
three  public  school  teachers,  residents  of  such  city,  who  shall 
be  elected  by  the  City  Board  of  Education  for  the  term  of  one 
year.  Any  teacher  to  be  eligible  to  such  election  shall  be  the 
holder  of  a  State  diploma,  or  of  a  grammar  school  city  certifi- 
cate. The  teachers  elected  to  such  Board  shall  be  allowed  such 
compensation  for  their  services  as  may  be  granted  by  the  Board 
of  Education.  The  Superintendent  of  Public  Instruction  shall  Examina- 
be,  ex-officio,  a  member  of  every  City  Board  of  Examination.  ceTtmc'atea. 
Said  Board  shall  conduct  all  examinations  in  conformity  with 
the  general  rules  and  regulations  of  the  State  Board  of  Educa- 
tion, and  shall  have  power  to  grant  certificates  of  the  same 
grade  and  for  the  same  time  as  the  State  Board  of  Examination; 
provided^  they  shall  be  valid  only  in  the  city  in  which  they  are 
granted.  Said  Board  shall  also  have  power  to  grant  such  cer- 
tificates of  a  grade  lower  than  grammar  school  certificates  as 
may  be  deemed  necessary,  and  to  grant  certificates  for  teaching 
high  schools.  Said  Board  shall  have  power  to  renew,  without 
examination,  all  city  certificates,  ^o  City  Boami  of  Education 
or  of  Examination  shall  have  power  to  require  or  hold  an 
examination  of  any  teacher  holding  a  State  diploma  or  certifi- 
cate, except  in  cases  where  such  teacher  is  an  applicant  for  a 
school  of  higher  grade  than  the  certificate  then  held  allows  such 
teacher  to  teach.  Any  City  Board  of  Examination  may  recog- 
nize the  certificates  of  any  other  city,  and  without  examination 
issue  to  the  holder  certificates  of  a  corresponding  grade.  No 
person  shall  be  a  legally  qualified  teacher  in  any  city,  unless  he 
or  she  holds  a  State  or  city  certificate,  granted  by  a  State  or 
City  Board  of  Examination. 

Sec.  94.  The  State  Board  of  Education  shall  prescribe  a  Certificates. 
standard  of  proficiency  before  a  County  Board,  which  shall 
entitle  the  holder  of  the  certificate  to  a  certificate  from  the 
State  Board  of  Examination ;  and  whenever  such  standard  is 
reached,  the  County  Superintendent  shall  certify  the  facts, 
together  with  certificates  of  the  party's  character,  to  the  State 
Board  of  Examination,  and  that  body  may  grant  or  refuse  a 
State  certificate  and  fix  its  grade.  Every  person"  holding  a 
diploma  of  graduation  from  any  State  JSiormal  School  in  the 
United  States  shall  be  entitled  to  a  county  certificate  of  the  first 


2^  '  REVISED    SCHOOL   LAW. 

or  second  grade,  at  the  option  of  said  Board;  and  upon  proof 
of  good  character,  such  certificate  shall  be  granted  without  fur- 

Beport.  ther  examination.  Every  County  Superintendent  and  each 
City  Superintendent  of  Public  Schools  shall  annually  report,  at 
the  time  of  making  his  other  report  to  the  Superintendent  of 
Public  Instruction,  the  number  of  certificates  granted  by  the 
Board  of  Examination  of  his  county  or  city,  as  the  case  may 
be,  the  names  of  persons  to  whom  granted,  and  date  of  each 
certificate,  the  number  of  all  applicants  rejected,  and  the 
number  of  certificates  revoked,  the  cause  of  their  revocation, 
and  the  names  of  the  holders.  The  County  Superintendent 
shall  also  report  to  the  State  Superintendent  the  amount  of 
money  received  from  examination  fees,  and  the  manner  in  which 

Temporary  it  was  cxpcndcd.  The  Countv  Superintendent  may  recojjrnize 
county  certificates  of  the  first  grade  granted  by  Boards  of 
Examination  in  other  counties,  and  may  issue  temporary  cer- 
tificates for  teaching  to  the  holders,  on  application,  which  shall 
be  valid  until  the  next  regular  examination  of  the  County  Board 
of  his  county. 

Text  books.  Sec.  95.  The  State  Board  of  Education  shall  prescribe  and 
adopt  a  uniform  series  of  text  books,  which  shall  be  used  in  all 
public  schools,  as  well  in  incorporated  cities  having  Boards  of 
Education  as  in  the  State  at  hwge;  provided,  that  said  State 
Board  may,  when  making  a  change  in  any  of  the  series,  prescribe 
a  future  date  for  it  to  take  effect,  which  shall  not  be  less  than 
six  months  thereafter,  and  may  adopt  special  books  when  neces- 
sary for  the  use  of  graded  schools  in  cities,  and  shall  allow  books 
different  from  the  State  series  now  in  use  in  such  cities  to  be 
continued  until  a  change  may  be  deemed  advisable  by  the 
Boards  of  Education  of  such  cities.  Any  books  once  adopted 
in  the  State  series  shall  be  continued  in  use  for  a  period  not  less 
than  four  j^ears.  If  any  city,  town,  or  district  refuse  or  neglect 
to  use  the  books  that  may  be  prescribed,  or  shall  use  any  other 
text  books  in  anj^  of  the  prescribed  studies,  the  Superintendent 
of  Public  Instruction  shall  withhold  from  such  city,  town,  or 
district,  twenty-five  percent  of  all  State  school  moneys  to  which 
it  maybe  entitled  until  it  comply;  and  any  moneys  so  withheld 
shall  be  apportioned  by  the  Superintendent,  at  the  next  annual 
apportionment,  in  the  same  manner  as  other  school  moneys  in 
the  treasury. 

OF   SCHOOL   REVENUE. 

state  school       Sec.  96.     An  annual  ad  valorem  tax  of  eierht  cents  on  each 


tax. 


one  hundred  dollars  value  of  all  taxable  property  throughout  the 
State  is  hereby  levied  and  directed  to  be  collected  and  paid  in 
the  same  manner  as  other  State  taxes  are  required  to  be  paid; 
and  said  tax  shall  be  called  and  known  as  the  State  School  tax, 
and  the  Board  of  Supervisors  of  the  several  counties  shall  annu- 
ally, at  the  same  time  other  State  taxes  are  levied,  add  this  to 
the  other  taxes  provided  by  law  to  be  levied  and  collected,  and 
it  shall  be  annually  collected  at  the  same  time  and  in  the  same 
manner  as  other  State  taxes  are  collected ;  and  if  from  any  reason 
whatever,  in  any  year,  said  taxes  shall  not  be  levied  as  herein 
required  by  the  Board  of  Supervisors,  the  Auditor  shall  enter 
them  on  the  assessment  roll  as  required  by  law  for  other  taxes. 


REVISED   SCHOOL   LAW.  -  '  29 

All  moneys  derived  from  the  tax  herein  levied  shall  be  paid  into 
the  State  School  Fund,  and  be  apportioned  as  other  moneys  in 
that  fund.  No  Tax  Collector  or  County  Treasurer  shall  receive  No  fees, 
any  fees  or  compensation  whatever  for  collecting,  receiving, 
keeping,  or  disbursing  any  school  moneys;  but  the  whole  moneys 
collected  shall  be  paid  to  the  County  Treasurer,  and  by  him  paid 
to  the  State  Treasurer  at  the  same  time  other  moneys  are  paid 
over. 

Sec.  97.  The  Board  of  Supervisors,  except  in  the  City  and  county 
County  of  San  Francisco,  of  each  county,  shall  annuall.y,  at  the  ^^^»«^***- 
time  of  levying  other  county  taxes,  levy  a  school  tax,  the  maxi- 
mum rate  of  which  shall  not  exceed  thirty-five  cents  on  each 
one  hundred  dollars  of  taxable  property  in  the  county,  nor  the 
minimum  rate  be  less  than  sufficient  to  raise  a  sum  equal  to  three 
dollars  for  each  child  in  the  county  between  five  and  fifteen  years 
of  age.  Said  Supervisors  shall  determine  the  minimum  rate  of 
school  tax  as  follows.     They  shall : 

First — Ascertain  from  the  County  Superintendent  the  number 
of  census  children  entitled  to  school  apportionment,  as  shown  by 
the  then  next  preceding  school  census,  and  then  shall  calculate 
the  amount  required  to  be  raised  at  three  dollars  per  child; 

Second — They  shall  deduct  fifteen  per  cent  from  the  equalized 
value  of  the  last  general  assessment  roll,  and  the  amount  required 
to  be  raised  divided  hy  the  remainder  of  the  assessment  roll, 
shall  be  the  rate  levied;  provided,  that  if  any  fraction  of  a  cent 
occur  it  shall  be  taken  as  a  full  cent  on  each  hundred  dollars; 
SiDd,  provided,  further,  that  Boards  of  Supervisors,  in  estimating 
said  rate  of  school  tax  for  the  year  eighteen  hundred  and  sixty- 
six,  shall  use  the  number  of  census  children  between  the  ages  of 
four  and  eighteen  yearsj  according  to  the  returns  of  the  last 
school  census  in  eighteen  hundred  and  sixty-five.  If  the  Super- 
visors fail  to  levy  said  tax  as  herein  provided,  then  the  Auditor 
shall  levy  it  and  add  the  tax  to  the  assessment  roll.  In  case  the 
Supervisors  or  Auditor  shall  refuse  or  neglect  to  levy  at  least 
the  minimum  rate  of  tax  herein  provided,  the  Superintendent  of 
Public  Instruction  shall  deduct  twenty-five  per  cent  from  the 
next  succeeding  annual  apportionment  of  State  School  Fund 
otherwise  due  to  that  county,  and  shall  withhold  it  and  appor- 
tion it  to  the  other  counties  of  the  State;  and,  provided,  further, 
that  if  this  Act  docs  not  become  a  law  until  after  the  taxes  are 
levied  for  eighteen  hundred  and  sixty-six,  and  the  amount  levied 
for  that  year  does  not  amount  to  a  rate  that  will  produce  a  sum 
equal  to  the  requirements  of  this  section,  then  the  Auditor  shall 
add  to  the  levy  such  additional  per  cent  as  will  produce  said 
amount ;  provided,  the  original  levj^  and  the  addition  thereto  do 
not  in  the  aggregate  exceed  thirty-five  cents  on  the  one  hundred 
dollars. 

OF   DISTRICT   TAXES. 

Sec.  98.     The  Board  of  Trustees  of  any  district  may,  when  in  Election  to 
their  judgment  it  is  advisable,  call  an  election,  and  submit  to  iSTT^'t^. 
the  qualified  electors  of  the  district  the  question  whether  a  tax 
shall  be  raised  to  furnish  additional  school  facilities  for  said  dis- 
trict, or  to  maintain  any  school  or  schools  in  such  district,  or 
for  building  one  or  more  school  houses,  or  for  any  two  or  all  of 


oV  REVISED    SCHOOL   LAW. 

these  purposes.  Such  election  shall  be  called  by  posting  notices 
in  three  of  the  most  public  places  in  the  district,  for  twenty 
days,  and  also,  if  there  is  a  newspaper  in  the  county,  by  adver- 
tisement therein  once  a  week  for  three  weeks.  Said  notices 
shall  contain  the  time  and  place  of  holding  the  election,  the 
amount  of  money  proposed  to  be  raised,  and  the  purpose  or  pur- 
poses for  which  it  is  intended  to  be  used.  The  Trustees  shall 
appoint  three  Judges  to  conduct  the  election,  and  it  shall  be  held 
in  all  other  respects,  as  nearly  as  practicable,  in  conformity  with 

Assessor  and  the  general  election  law.     At  such  elections  the  ballots  shall  con- 

Couector.  ^^^^^  ^j^^  ^^^.^g  u  Tax— Ycs,''  or  ''  Tax— No,''  and  also  the  name 
of  one  person  as  Assessor,  and  one  as  Collector ;  provided^  how- 
ever, the  same  person  may  be  elected  to  both  offices.  If  a 
majority  of  the  votes  cast  are  "  Tax — Yes,"  the  officers  of  the 
election  shall  certify  the  fact  to  the  Trustees,  and  shall  also  cer- 
tify the  names  of  the  person  or  persons  having  the  plurality  of 
votes  for  Assessor  and  Collector.  The  Trustees  shall  issue  cer- 
tificates of  election,  and  the  Assessor  shall,  on  receiving  his, 
forthwith  ascertain  and  enroll,  in  the  manner  provided  for 
County  Assessors,  all  the  taxable  persons  and  property  in  the 
district,  and  within  thirty  days  he  shall  return  his  roll,  footed 

Howtoesti-  up,  to  the  Trustccs.     The  Trustees  upon  receiving  the  roll  shall 

mate  rate.  (je(]uct  fifteen  per  cent  therefrom  for  anticipated  delinquencies, 
and  then,  by  dividing  the  sum  voted,  together  with  the  estimated 
cost  of  assessing  and  collecting  added  thereto,  by  the  remainder 
of  the  roll,  ascertain  the  rate  per  cent  required;  and  the  rate  so 
ascertained  (using  the  full  cent  on  each  hundred  dollars  in  place 
of  any  fraction)  shall  be  and  it  is  hereby  levied  and  assessed  to, 
on,  or  against  the  persons  or  property  named  or  described  in 
said  roll,  and  it  shall  be  a  lien  on  all  such  property  until  the  tax 
is  paid ;  and  said  tax,  if  not  paid  within  the  time  limited  in  the 
next  succeeding  section  for  its  payment,  shall  be  recovered  by 
suit,  in  the  same  manner  and  with  the  same  costs  as  delinquent 
State  and  county  taxes.  The  maximum  rate  of  tax  levied  by  a 
district  tax  in  any  one  year,  for  building  purposes,  shall  not 
exceed  thirty -five  cents  on  each  hundred  dollars,  and  the  maxi- 
mum rate  levied  for  school  purposes  by  such  tax,  shall  not 
exceed  fifteen  cents  on  each  hundred  dollars  in  any  one  year. 

Bonds.  Each  District  Tax  Collector  shall  give  a  bond  to  the  people  of 
the  State  of  California,  joint  and  several  in  form,  with  similar 
sureties  as  are  required  on  other  official  bonds.  Such  bonds 
shall  be  in  such  penal  sum  as  the  Trustees  may  direct;  provided, 
it  be  not  less  than  double  the  amount  to  be  collected,  and  shall 

Equalization  be  approved  by  them.  The  Trustees,  uj)on  receiving  any  assess- 
ment roll  from  the  Assessor,  shall  give  five  days'  notice  thereof 
by  posting  a  notice  in  three  public  places  in  the  district,  and 
shall  sit  for  at  least  three  days  as  a  Board  of  Equalization  at 
such  time  and  place  as  shall  have  been  named  in  said  posted 
notices;  and  they  shall  have  the  same  power  as  County  Boards 
of  Equalization  to  make  any  changes  in  said  assessment  roll. 

Collection.  Sec.  99.  As  soon  as  the  rate  of  taxation  has  been  determined, 
as  provided  in  the,  last  preceding  section,  the  Trustees  shall 
place  the  tax  list  in  the  hands  of  the  Collector,  who  shall  then 
proceed  to  collect  the  tax,  and  shall,  within  sixty  days,  return 
the  roll  to  the  Trustees,  with  the  word  "paid"  marked  opposite 


REVISED    SCHOOL   LAW.  31 

the  name  of  each  person  or  description  of  property  from 
whom  or  on  which  he  has  received  the  tax;  and  he  shall  also 
at  the  same  time  file  with  the  Trustees  the  County  Treasurer's 
receipt  for  all  the  money's  by  him  collected;  and  the  persons  and 
property  on  the  roll  not  by  the  Collector  marked  "paid/'  shall 
be  deemed  delinquent,  and  the  Tiustees  shall  deposit  said  roll 
with  the  District  Attorney,  who  shall  proceed  to  collect  the 
delinquent  taxes  in  the  manner  prescribed  by  law  for  other 
delinquent  tax;  and  said  roll,  or  any  certified  copy  thereof,  shall 
have  the  same  force  as  evidence  as  a  duplicate  or  delinquent  tax 
roll  of  State  and  countj^  taxes. 

Sec.  100.     In  case  any  Assessor  or  Collector  of  district  taxes  vacancy  in 
shall  refuse  or  neglect  to  qualify  within  ten  days  of  his  election  A^Je7J/and 
or  appointment,  or  having  qualified,  shall  refuse  or  neglect  to  Collector. 
act,  or  in  case  of  any  vacancy  from  any  other  cause  in  either  or 
both  of  said  offices,  the  Board  of  Trustees  shall  appoint  some 
proper  person  or  persons  to  fill  the  place  or  places. 

OF   RATE   BILLS. 

Sec.  101.  After  a  school  shall  have  been  maintained  five  Assessment, 
months  free  to  all  pupils,  in  districts  having  more  than  one  hun-  tk)n.^^"**' 
dred  pupils,  and  taxable  property  assessed  at  over  two  hundred 
thousand  dollars,  and  not  otherwise,  the  Trustees  of  any  district 
shall  have  power  and  it  shall  be  their  duty  to  assess  such  rate 
bills  of  tuition  as  they  may  deem  necessary  for  the  payment  of 
teachers'  salaries,  in  addition  to  the  public  moneys  of  such  dis- 
trict. Said  rate  bills  of  tuition  shall  be  made  out  by  said  Trus- 
tees against  all  persons  sending  children  to  school,  in  proportion 
to  the  number  of  children  sent  to  school,  and  the  time  of  attend- 
ance of  such  children,  to  be  determined  by  the  teacher's  regis- 
ter; and  the  Trustees  shall  exempt  such  indigent  persons  from 
the  payment  of  said  rate  bills  as  they  may  consider  entitled  to 
such  exemption.  Said  Trustees  shall  appoint  a  Collector  of  such 
rate  bills,  who  shall  take  the  constitutional  oath  of  office,  whose 
duty  it  shall  be  to  present  said  rate  bills  to  the  person  so 
assessed,  and  demand  payment  thereof;  and  if  such  person, 
after  thirtj^  days'  notice  by  the  said  Collector,  shall  refuse  or 
neglect  to  pa}^  said  rate  bill,  then  the  said  Collector  shall  return 
the  same  to  said  Trustees,  with  his  certificate  thereon,  stating 
that  demand  has  been  made,  and  that  said  person  has  refused  or 
neglected  to  pay  the  same,  and  stating  the  date  of  notification 
and  of  return.  The  Trustees  thereupon  shall  bring  suit  in  the  Suit, 
name  of  the  people  of  the  State  of  California  as  plaintiffs,  in 
any  Justice's  Court  of  the  township  or  city  in  which  said  district 
may  be  situated,  for  the  collection  of  said  rate  bill,  with  costs  of 
suit.  Said  rate  bill,  certified  by  said  Collector,  shall  be  prima 
facie  evidence  that  said  rate  bill  has  been  properly  assessed,  and 
that  all  proceedings  thereon  have  been  lawfulh"  conducted,  and 
that  the  sum  mentioned  therein  is  due  from  the  party  named. 
In  case  of  any  suit  under  the  provisions  of  this  section,  the  Jus- 
tice of  the  Peace  in  whose  Court  it  is  brought,  and  the  officer  in 
whose  hands  the  papers  are  placed  for  service,  shall  perform  the 
duties  required  without  payment  in  advance,  and  without  any 
payment  whatever,  unless  the  same  is  made  at  cost  of  defend- 


REVISED    SCHOOL   LAW. 


Special  dis- 
trict tax. 


ant;  and  any  witness  subpoenaed  shall  attend  without  being 
entitled  to  demand  or  receive  any  fee  or  mileage  in  advance; 
and  no  witness  shall  receive  any  fee  or  mileage  unless  the  same 
is  made  out  of  the  defendant  as  costs;  and  in  ckse  of  judgment 
for  defendant,  it  shall  be  general  and  without  costs;  and  in  case 
a  majority  of  the  Trustees  demand  it,  a  writ  of  attachment  shall 
issue  without  a  bond  being  filed,  and  without  any  other  matter 
or  thing  being  had  or  done,  except  the  filing  of  the  unpaid  rate 
bill,  with  the  officer's  affidavit  thereto,  as  herein  required. 
Except  in  any  new  district  in  which  a  school  for  the  first  time 
is  opened,  no  Board  of  Trustees  shall  have  any  power  to  levy  or 
collect  any  tuition  or  rate  bills,  until  a  free  school  shall  have 
been  maintained  for  at  least  three  months  in  each  year;  and  the 
Superintendent  of  Public  Instruction  shall  deduct  and  withhold 
twenty-five  per  cent  of  the  State  School  Fund  otherwise  due 
from  any  district  in  which  a  school  has  been  maintained  in  vio- 
lation of  this  section. 

Sec.  102.  The  Board  of  Trustees  of  any  school  district,  when- 
ever the  estimated  State  and  county  school  moneys  to  be  appor- 
tioned to  such  district  shall  be  deemed  by  them  insufficient  to 
maintain  a  free  school  five  months  in  each  year,  as  required  in 
the  preceding  section,  shall  proceed  to  levy  a  direct  tax  upon 
all  the  taxable  property  of  the  district,  sufficient  to  raise  an 
amount  which,  together  with  the  estimated  amount  of  State  and 
county  school  money  to  be  received,  shall  maintain  a  free  school 
five  months.  The  Trustees,  in  making  their  estimate  of  money 
to  be  apportioned  to  the  district,  shall  base  their  calculation  on 
the  written  statement  of  the  County  Superintendent,  and  shall 
include  in  their  estimate  of  the  amount  necessary  to  be  raised 
by  tax,  all  probable  contingent  expenses  for  furniture  and  inci- 
dentals authorized  by  law,  as  well  as  for  the  salary  of  a  teacher; 
and  such  estimates  shall  all  be  recorded  by  the  District  Clerk  in 
the  record  book  of  the  Board,  and  said  record  shall  be  prima 
facie  evidence  of  the  necessity  of  the  tax  and  of  the  amount  to 
be  levied.  Such  tax  shall  be  assessed,  equalized,  and  collected 
in  the  manner  prescribed  for  assessing,  equalizing,  and  collecting 
taxes  voted  for  school  purposes,  as  provided  in  this  Act,  except 
ithat  the  Trustees  may  appoint  an  Assessor  and  Collector. 


GENERAL   PROVISIONS. 

School  Funds. 


Apportion- 
meut. 


How  to  bo 
used. 


Sec.  103.  All  State  school  funds  apportioned  by  the  Superin- 
tendent of  Public  Instruction,  and  all  county  school  moneys 
apportioned  by  County  Superintendents  of  Common  Schools, 
shall  be  apportioned  to  the  several  school  districts  and  cities  in 
proportion  to  the  number  of  school  census  children  between  five 
and  fifteen  years  of  age,  as  shown  by  the  returns  of  the  School 
Census  Marshals  for  the  next  preceding  school  year ;  provided, 
that  Indian  children  who  are  not  living  under  the  guardianship 
of  white  persons,  and  Mongolian  children,  shall  not  be  included 
in  the  apportionment  list. 

Sec.  104.  The  State  School  Fund,  excepting  as  otherwise 
provided  in  this  Act,  shall  be  used  for  no  other  purpose  than 


REVISED   SCHOOL   LAW.  66 

the  payment  of  teachers  legally  qualified  and  employed  under 
the  provisions  of  this  Act.  County  school  moneys  may  bo  used 
by  the  County  Superintendent  and  Trustees  for  the  various  pur- 
poses as  authorized  and  provided  in  this  Act. 

Sec.  105.     No  school  district  shall  be  entitled  to  receive  any  Apportion- 
apportionment  of  State  or  county  school  moneys  unless  the  cSmonai. 
teachers  employed  in  the  schools  of  such  district  shall  hold  legal 
certificates  of  fitness  for  the  occupation  of  teaching,  in  full  force 
and  effect. 

Sec.  106.'  No  school  district  shall  be  entitled  to  receive  any  same, 
apportionment  of  State  or  county  school  moneys  which  shall 
not  have  maintained  a  free  public  school  for  at  least  three  months 
during  the  then  next  preceding  school  yearj  provided,  that  any 
new  district,  formed  by  the  division  of  an  old  one,  shall  be  enti- 
tled to  its  apportionment  when  the  time  that  school  was  main- 
tained in  the  old  district  before  division,  and  in  the  new  district 
after  division,  shall  be  equal  to  at  least  three  months,  as  required 
in  section  one  hundred  and  one.  Any  school  district  which  shall 
neglect  or  refuse  to  adopt  and  use  the  State  series  of  text  books 
required  in  pursuance  of  law,  shall  not  be  deemed  or  adjudged 
a  school  district  within  the  meaning  of  this  Act. 

0/  Penalties  and  DisahUities. 

Sec.  107.     When  any  school  officer  is  superseded  by  election  Penalty  for. 
or  otherwise,  he  shall  immediately  deliver  to  his  successor  in  i7/er  bwi^' 
office  all   books,  papers,  and  moneys  pertaining  to  his  office ;  ini«appiica.' 
and  every  such  officer  who  shall  refuse  to  do  so,  or  who  shall  moneys,  etc. 
wilfully  mutilate  or  destroy  any  such  books  or  papers  or  any 
part  thereof,  or  shall  misapply  any  moneys  intrusted  to  him  by 
virtue  of  his  office,  shall  be  guilty  of  misdemeanor,  and  shall  be 
punished  b}'  a  fine,  in  the  discretion  of  the  Court,  not  exceeding 
one  hundred  dollars. 

Sec.  108.  Every  person  elected  or  appointed  to  any  office  oathof  office 
mentioned  in  this  Act,  shall,  before  entering  upon  the  discharge 
of  the  duties  thereof,  take  an  oath  to  support  the  Constitution 
of  the  United  States  and  of  this  State,  and  faithfully  discharge 
the  duties  of  his  office  according  to  the  best  of  his  abilities.  In 
case  such  officer  has  a  written  appointment  or  commission,  his 
oath  shall  be  indorsed  thereon;  otherwise,  it  may  be  taken 
orally.  In  either  case  it  may  be  sworn  to  before  any  officer 
authorized  to  administer  oaths;  and  school  officers  are  hereby 
authorized  to  administer  all  oaths  relative  to  school  business 
appertaining  to  their  respective  offices  without  charge  or  fee. 

Sec.  109.     If  any  School  Trustee  or  member  of  any  Board  of  Neglect  of 
Education  shall  refuse  or  neglect  to  perform  any  official  act  or  ^"*^' 
duty  prescribed  by  law,  he  shall  be  liable  to  the  pains  and  pen- 
alties of  the  Act  of  March  fourteenth,  eighteen   hundred  and 
fifty-three,  entitled  an  Act  to  prevent  extortion  in  office  and  to 
enforce  ofiicial  duty. 

Sec.  110.     No  School  Trustee  or  member  of  any  Board  of  no interest 
Education  shall  be  directly  or  indirectly  interested  in  any  con- ^" '^°^*'^*^- 
tract  made  by  the  Board  of  which  he  is  a  member;  and  any 


84       ,  REVISED   SCHOOL   LAW. 

contract  made  in  violation  of  tbis  provision  shall  be  null  and 
No  compen-  void.     No  Trustee  or  member  of  any  Board  of  Education  shall 
eation.         rcccive  any  compensation  for  his  ofticial  services. 
Collection  of      Sec.  111.     All  fincs  and  penalties  not  otherwise  provided  for 
fines.  jj^  ^l^^g  j^Q^  shall  be  collected  by  an  action  in  any  Court  of  com- 

petent jurisdiction,  and  shall  be  paid  into  the  District  or  County 
School  Fund,  as  the  case  may  be. 
insuitor  Sec.  112.     Any  parent,  guardian,  or  other  person,  who  shall 

teachers.      Upbraid,   insult,  or  abase  any  teacher  in   the  presence   of  the 
school,  shall  be  guilty  of  a  misdemeanor,  and  be  liable  to  a  fine 
of  not  less  than  ten  nor  exceeding  one  hundred  dollars. 
Disturbance       Bec.  113.     Any  pcrson  who  shall  wilfully  disturb  any  public 
of  meetings,  gchool,  or  any  public  school  meeting,  shall  be  guilty  of  a  misde- 
meanor, and  liable  to  a  fine  of  not  less  than  ten  nor  more  than 
one  hundred  dollars. 
Neglect  to        Sec.  114.     In  casc  any  Board  of  Trustees  or  Board  of  Edu- 
BiTiviarshTi'  <^^tion  shall  fail  to  appoint  a  Census  Marshal  at  the  proper  time, 
'  and  if  through  such  neglect  the  district  shall  fail  to  receive  its 
apportionment  of  school  moneys,  said  Trustees  or  members  of 
said  Board  of  Education  shall  be,  jointly  and  severally,  individu- 
ally liable  to  the  district  for  the  full  amount  so  lost,  and  it  may 
be  recovered  on  a  suit  brought  by  any  citizen  of  such  district,  in 
the  name  of  and  for  the  benefit  of  the  district. 
Neglect  to        Sec.  115.     If  any  Board  of  Trustees  shall  neglect  or  refuse  to 
orlevy  tax!  ^P^n  a  school  whcn  thcrQ  is  sufficient  money  in  the  Treasury  to 
maintain  one  for  five  months,  or  if  an}'  Board  neglect  or  refuse 
to  levy  a  tax  for  maintaining  a  school  five  months,  as  provided 
in  this  Act,  it  shall  be  the  duty  of  the  County  Superintendent, 
whenever  he  shall  be  satisfied  of  such  facts,  to  remove  from  office 
any  one  or  all  of  the  Trustees  of  such  Board,  and  aj)point  to  fill 
the  vacancy. 
Beference  of      Sec.  116.     All  cascs  of  disputc  in  relation  to  school  matters, 
disputes.      j^Q^  properly  belonging  to  Courts  of  justice,  may  be  referred 
first  to  the  County  Superintendent,  and  appealed  to  the  State 
SujDerintendent. 

Miscellaneous. 

Educational       Sec.  117.     All  incorporated  literary  institutions,  and  all  insti- 
and  literary  tutious  havinff  cducatioual  departments,  to  which  State  appro- 

mstltutlOnS  ..  ".  in  ^|.  •      ^^  t  r^  •,!, 

to  report      priatious  are  made,  shall  report  biennially  to  the  Superintendent 
biennaiiy.     ^£»  Public   Instructlou    such  educational  statistics  as  he   may 

require. 
Election  of  Sec.  118.  Every  member  of  any  Board  of  Education,  and 
omceia.  every  Superintendent  of  Public  Schools  in  any  incorporated 
city  having  a  special  school  law,  shall  hereafter  be  elected  by 
direct  vote  of  the  people;  and  all  laws  or  parts  of  laws  in  con- 
flict with  this  provision  are  hereby  repealed.  And  in  any  city 
in  which  such  school  officers  have  heretofore  been  appointed,  the 
Common  Council  or  Board  of  Supervisors  shall  make  provision 
by  ordinance  for  the  election  of  school  officers  at  the  general 
election,  or  at  special  elections;  provided,  that  the  terms  of  offi- 
cers already  appointed  may  be  continued  until  the  time  of  the 
next  general  or  city  election;  and  if  provision  for  such  election' 
is  not  made,  any  ten  voters  may  call  it,  on  thirty  days'  notice. 


REVISED   SCHOOL  LAW.  35 

Sec.  119.     The   school  year  shall  begin  on  the  first  day  of  School  year. 
July,  and  end  on  the  last  day  of  June. 

Sec.  120.    All  printing  or  binding  required  under  this  Act  Prfntingand 
shall  be  executed  by  the  State  Printer,  in  the  form  and  manner  ^'°*^'°s- 
and  at  the  prices  of  other  State  printing,  and  shall  be  paid  for 
in  like  manner  out  of  the  General  Fund  of  the  State. 

Sec.  121.     This  Act  shall  be  known  and  referred  to  as  the  Title  of  Act. 
"  Eevised  School  Law,"  and  no  other  title  or  reference  shall  be 
necessar}^. 

Sec.  122.  The  Act  entitled  an  Act  to  provide  for  the  mainte-  Repeal, 
nance  and  supervision  of  common  schools,  approved  April  sixth, 
eighteen  hundred  and  sixty-three,  and  an  Act  amendatory  of 
and  supplementary  to  the  Act  of  April  sixth,  eighteen  hundred 
and  sixty-three,  entitled  an  Act  to  provide  for  the  maintenance 
and  supervision  of  common  schools,  approved  March  twenty- 
second,  eighteen  hundred  and  sixty-four,  and  all  Acts  and  parts 
of  Acts,  whether  general  or  special,  so  far  as  they  are  incon- 
sistent with  the  provisions  of  this  Act,  are  hereby  repealed; 
but  such  repeal  shall  not  affect  any  legal  proceedings  taken,  or  Exceptions. 
taxes  levied,  or  officers  elected,  in  accordance  with  the  provi- 
sions of  such  repealed  laws. 

Sec.  123.    This  Act  shall  take  effect  from  its  passage. 


86  EXTRACT   FROM   CONSTITUTION. 


EXTRACT 


CONSTITUTION  OF  THE  STATE  OF  CALIFORNIA. 


AETICLE    IX. 

EDUCATION. 


Instruction. 


Election  of  SECTION  1.  A  Superintendent  of  Public  Instruction  shall,  at 
temJentof  ^^®  spccial  clectiou  for  judicial  officers  to  be  held  in  the  year 
Public         eighteen  hundred  and  sixty-three,  and  every  four  years  there- 

Tnatriif«Hr>n  O  ,  •11  •!  1  111  1«r»l 

alter  at  such  special  elections,  be  elected  by  the  qualified  voters 

of  the  State,  and  shall  enter  upon  the  duties  of  his  office  on  the 

first  day  of  December  next  after  his  election. — lAmended,  1862.] 

Appropria-        Seo.   2.     The    Legislature   shall   encourage,    by   all   suitable 

portllf  Com'  ^^®^"s,  the  promotion  of  intellectual,  scicntitic,  moral,  and  agri- 

monschoois.  Cultural  improvement.     The  proceeds  of  all  lands  that  may  be 

granted  by  the  United  States  to  this  State  for  the  support  of 

schools,  M^hich  may  be  sold  or  disposed  of,  and  the  five  hundred 

thousand  acres  of  land  granted  to  the  new  States,  under  an 

Act  of  Congress  distributing  the  proceeds  of  the  public  lands 

among  the  several  States  of  the   Union,  approved  A.  T>.  one 

thousand  eight  hundred  and  forty-one,  and  all  estates  of  deceased 

persons  who  may  have  died  without  leaving  a  will  or  heir,  and 

also  such  per  cent  as  may  be  granted  by  Congress  on  the  sale 

of  lands  in  this  State,  shall  be  and  remain  a  perpetual  fund,  the 

interest  of  which,  together  with  all  the   rents  of  the  unsold 

lands,  and  such  other  means  as  the  Legislature  may  provide, 

shall   be   inviolably   appropriated   to   the  support  of  common 

schools  throughout  the  State. 

Schools  to         Sec.  3.     The  Legislature  shall  provide  for  a  system  of  com- 

t£^*^'^*"  mon  schools,  by  which  a  school  shall  be  kept  up  and  supported 

months  in     in  cach  district  at  least  three  months  in  every  year,  and  any 

every  year.   q^jI^qqI  district  neglecting  to  keep  up  and  support  such  a  school 


EXTRACT   FROM   CONSTITUTION.  37 

may  be  deprived  of  its  proportion  of  the  interest  of  the  public 
fund  during  such  neglect. 

Sec.  4.  The  Legislature  shall  take  measures  for  the  protec-  Fund  for 
tion,  improvement,  or  other  disposition  of  such  lands  as  have  32^/. 
been  or  may  hereafter  be  reserved  or  granted  by  the  United 
States,  or  any  person  or  persons,  to  this  State  for  the  use  of  a 
university;  and  the  funds  accruing  from  the  rents  or  sale  of 
such  lands,  or  from  any  other  source  for  the  purpose  aforesaid, 
shall  be  and  remain  a  permanent  fund,  the  interest  of  which 
shall  be  applied  to  the  support  of  said  university,  with  such 
branches  as  the  public  convenience  may  demand,  for  the  promo- 
tion of  literature,  the  arts,  and  sciences,  as  may  be  authorized 
by  the  terms  of  such  grant.  And  it  shall  be  the  dut}^  of  the 
Legislature,  as  soon  as  may  be,  to  provide  effectual  means  for 
the  improvement  and  permanent  security  of  the  funds  of  said 
university. 


38  .  ACT  CONCERNING  TEACHERS. 


teachers 


^N"    A.O  T 


CONCERNING 


TEACHERS  OF  COMMON  SCHOOLS  IN  THIS  STATE. 


Approved  April  27, 1863— Amended  March  18, 1864. 


The  Peojple  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows  : 

Section  1.  No  certificate  of  qualification  shall  be  granted  by 
the  State  Board  of  Examination,  or  by  any  County  Board  of 
Examination,  to  any  teacher,  or  person  proposing  to  become 
such,  unless  such  teacher  or  person  shall  have  first  taken  and 
subscribed  the  following  oath  or  affirmation  : 

Oath.  ''  I  do  solemnly  swear  (or  afiirm,  as  the  case  may  be,)  that  I 

will  faithfully  support,  protect,  and  defend  the  Constitution  and 
Government  of  the  United  States  against  all  enemies,  whether 
domestic  or  foreign,  that  I  will  bear  true  faith,  allegiance,  and 
loyalty  to  the  said  Constitution  and  Government,  and  that  I 
will,  to  the  extent  of  my  ability,  teach  those  under  my  charge 
to  love,  reverence,  and  uphold  the  same,  any  law  or  ordinance 
of  any  State,  Convention,  or  Legislature,  or  any  rule  or  obliga- 
tion of  any  society  or  association,  or  any  decree  or  order  from 
any  source  whatsoever,  to  the  contrar}^  notwithstanding;  and, 
further,  that  I  do  this  with  a  full  determination,  pledge,  and 
purpose,  without  any  mental  reservation  or  evasion  whatsoever ; 
and  I  do  further  swear  (or  affirm,  as  the  case  may  be,)  that  I  will 
support  the  Constitution  of  the  State  of  California/' 

OathBof  Sec  2.     [As  amended  by  Act  of  March  eighteenth,  eighteen 

hundred  and  sixty-four.]  The  oath  or  affirmation  prescribed  in 
the  first  section  of  this  Act  may  be  administered  by  the  Super- 
intendent of  Public  Instruction,  or  by  the  County  Superintend- 
ent of  Public  Schools,  or  by  any  officer  authorized  to  administer 
oaths,  and  the  certificate  thereof  shall  be  filed  in  the  office  of  the 


ACT  CONCERNING  TEACHERS.  39 

County  Superintendent  of  Public  Schools  in  the  county  where  where  to 
the  teacher  taking  the  oath  proposes  to  teach  school,  and  no^®^^®*^* 
warrant  for  the  compensation  of  any  teacher  shall  be  drawn  on 
or  paid  from  the  School  Fund  unless  the  certificate  of  the  oath 
or  affirmation  of  such  teacher  has  been  filed  with  the  County 
Superintendent  of  Public  Schools. 

Sec.  3.     [As  amended  by  Act  of  March  eighteenth,  eighteen  no  superm- 
hundred  and  sixty-four.]     Any  County  Superintendent  who  shall  draw  war*^ 
draw  any  warrant  on  the  County  Treasurer  for  the  payment  of  pnt  tin  oath 
any  teacher  before  the  oath  required  in  this  Act  shall  have  been  ^^^^^^' 
taken  and  filed  as  hereinbefore  provided,  shall  be  guilty  of  a 
misdemeanor,  and  on  conviction  shall  be  fined  in  a  sum  not  less 
than  one  hundred  dollars  nor  more  than  five  hundred  dollars, 
or  by  imprisonment  in  the  County  Jail  for  a  period  of  not  less 
than  sixty  days. 


40 


ACT  RELATING  TO  PUBLIC  SCHOOLS. 


j^isr    ^C  T 


RELATING  TO  THE 


PUBLIC  SCHOOLS  IN  CERTAIN  COUNTIES  OF  THIS  STATE. 


Approved  March  31,  1866. 


The    People  of  the    State  of  California^  represented   in    Senate   and 
Asseinhlj/,  do  enact  as  follows  : 


Annual 
estimate  of 
Bchool 
money. 


School  to  be 
kept  open 
eight  months 
each  year. 


Levy  of  tax. 


How  moneys 
shall  be 
credited. 


Section  1.  The  Superintendents  of  Public  Schools  in  the 
Counties  of  Santa  Cruz,  Santa  Clara,  Alameda,  and  Contra 
Costa,  shall,  on  or  before  the  first  day  of  September  in  each  year, 
furnish  to  the  Board  of  Trustees  of  each  school  district  in  their 
respective  counties  an  estimate  in  writing  of  the  amount  of 
public  money,  both  State  and  county,  to  which  their  district 
shall  be  entitled  during  the  year. 

Sec  2.  It  shall  be  the  duty  of  each  Board  of  Trustees  in  the 
counties  mentioned  in  this  Act  to  employ  an  efficient  and  com- 
petent teacher,  who  shall  hold  a  certificate  from  the  County 
Board  of  Examination,  and  to  keep  open  the  public  schools  for 
at  least  eight  months  in  each  school  year;  provided,  a  majority 
of  the  Trustees  may  so  desire.  And  when  the  State  and  county 
money  to  which  any  district  is  entitled  is  not  sufficient  to  keep 
a  school  open  in  such  district  for  at  least  eight  months  in  each 
school  year,  the  Trustees  are  authorized  and  it  is  hereby  made 
their  duty  to  levy  and  they  shall  levy  a  direct  tax  upon  the 
taxable  property  in  such  district  sufficient  to  raise  an  amount 
•which,  together  with  the  State  and  count}^  money  to  which  such 
district  is  entitled,  to  keep  a  school  open  eight  months.  And 
such  tax  shall  be  assessed,  legalized,  and  collected  in  the  man- 
ner prescribed  for  assessing,  equalizing,  and  collecting  taxes 
voted  for  district  school  houses,  excepting  that  the  Trustees 
may  appoint  the  Assessor  and  Collector,  and  also  excepting  that 
if  a  fractional  part  of  a  cent  is  sufficient,  the  whole  cent  need 
not  be  levied  in  lieu  thereof  The  tax  so  levied  shall  include  a 
sum  sufficient  to  pay  the  cost  of  assessing  and  collecting. 

Sec.  3.  The  Collector  shall  pay  over  the  money  so  collected 
to  the  County  Treasurer,  who  shall  credit  it  to  that  district  pay- 
ing it  in;  and  it  shall  constitute  a  Special  School  Fund,  which 
shall  be  paid  out  on  the  warrant  of  the  Count}^  Superintendent, 
who  shall  draw  his  warrant  on  this  fund  for  the  payment  of 
teachers'  salaries,  and  for  no  other  purposes  whatever.  No  per 
cent  shall  be  charged  or  received  by  the  County  Treasurer  for 
receiving  or  paying  out  this  fund. 


RULES   AND   REGULATIONS.  41 


RULES  AND   REGULATIONS    OF   THE   PUBLIC   SCHOOLS    OF 

CALIFORNIA. 


[Adopted  by  the  State  Board  of  Education,  June  eighth,  eighteen  hundred  and  sixty-six,  in 
accordance  with  section  two  of  the  Revised  School  Law,  and  required  to  be  enforced  in  all 
public  schools,  according  to  section  forty-two,  subdivision  two,  and  section  sixty-four  of  the 
Revised  School  Law.] 


Section  1.  Teachers  are  required  to  be  present  at  their  respective 
school  rooms,  and  to  open  them  for  the  admission  of  pupils  at  fifteen 
minutes  before  the  time  prescribed  for  commencing  school,  and  to  punc- 
tually observe  the  hours  for  oj^ening  and  closing  school. 

Sec.  2.  Unless  otherwise  provided,  by  special  action  of  Trustees,  or 
Boards  of  Education,  the  daily  school  sessions  shall  commence  at  nine 
o'clock  A.  M.,  and  close  at  four  o'clock  p.  m.,  with  an  intermission  at  noon 
of  one  hour,  from  twelve  m.,  to  one  o'clock  p.  m.  There  shall  be  allowed 
a  recess  of  twenty  minutes  in  the  forenoon  session,  from  ten-forty  to 
eleven  o'clock,  and  a  recess  of  twenty  minutes  in  the  afternoon  session, 
from  two-forty  to  three  o'clock.  When  boys  and  girls  are  allowed  sepa- 
rate recesses,  fifteen  minutes  shall  be  allowed  for  each  recess. 

Sec.  3.  In  graded  primary  schools  in  which  the  average  age  of  the 
pupils  is  under  eight  years,  the  daily  sessions  shall  not  exceed  four  hours 
a  day,  exclusive  of  the  intermission  at  noon,  and  inclusive  of  the  recesses. 
If  such  schools  are  opened  at  nine  o'clock  a.  m.,  they  shall  be  closed  at 
two  o'clock  p.  M.  In  ungraded  schools  all  children  under  eight  years  of 
agfe  shall  be  either  dismissed  after  a  four  hours'  session,  or  allowed 
recesses  for  play  of  such  length  that  the  actual  confinement  in  the  school 
room  shall  not  exceed  three  hours  and  a  half. 

Sec.  4.  No  pupil  shall  be  detained  in  school  during  the  intermission 
at  noon,  and  a  pupil  detained  at  any  recess  shall  be  permitted  to  go  out 
immediately  thereafter.  All  pupils,  except  those  detained  for  punish- 
ment, shall  be  required  to  pass  out  of  the  school  rooms  at  recess,  unless 
it  would  occasion  an  exposure  of  health. 

Sec.  5.  Principals  shall  be  held  responsible  for  the  general  manage- 
ment and  discipline  of  the  schools;  and  the  other  teachers  shall  follow 
their  directions,  and  co-operate  with  them,  not  only  during  the  school 
hours,  but  during  the  time  when  the  pupils  are  on  the  school  premises, 
before  and  after  school,  and  during  recesses.  Assistants  shall  be  held 
responsible  for  the  order  and  discipline  of  their  own  rooms,  under  the 
general  direction  of  the  Principals. 

Sec.  6.  Teachers  are  particularly  enjoined  to  devote  their  time  faith- 
fully to  a  vigilant  and  watchful  care  over  the  conduct  and  habits  of  the 
pupils  during  the  time  for  relaxation  and  play,  before  and  after  school, 
and  during  the  recesses,  both  in  the  school  buildings  and  on  the  play- 
grounds. 

6 


42  RULES   AND    REGULATIONS. 

Sec.  7.  It  is  expected  that  teachers  will  exercise  a  generalinspection 
over  the  conduct  of  scholars  going  to  and  returning  from  school.  They 
shall  exert  their  influence  to  prevent  all  quarrelling  and  disagreement, 
all  rude  and  noisy  behavior  in  the  streets,  all  vulgar  and  profane  lan- 
guage, all  improper  games,  and  all  disrespect  to  citizens  and  strangers. 

Sec.  8.  Teachers  shall  prescribe  such  rules  for  the  use  of  the  yards, 
basements,  and  outbuildings  connected  with  the  school  houses  as  shall 
insure  their  being  kept  in  a  neat  and  proper  condition,  and  shall  examine 
them  as  often  as  may  be  necessary  for  such  purpose.  Teachers  shall  be 
held  responsible  for  any  want  of  neatness  or  cleanliness  about  their 
school  premises. 

Sec.  9.  Teachers  shall  give  vigilant  attention  to  the  ventilation  and 
temperature  of  their  school  rooms.  At  each  recess  the  windows  and 
doors  shall  be  opened  for  the  purpose  of  changing  the  atmosphere  of  the 
room.     Teachers  are  cautioned  against  hot  fires  and  a  high  temperature. 

Sec.  10.  Teachers  shall  enter  in  the  school  registers,  in  the  order  of 
their  application,  the  names  of  all  those  applying  for  admission  to  the 
school,  after  the  prescribed  number  of  pupils  has  been  received.  Such 
applicants  shall  be  admitted  to  seats  whenever  a  vacancy  occurs  in  any 
class  for  which  they  have  been  found  duly  qualified,  in  the  order  of  their 
registration. 

Sec.  11.  Teachers  are  authorized  to  require  excuses  from  the  parents 
or  guardians  of  pupils,  either  in  person  or  by  written  note,  in  all  cases 
of  absence  or  tardiness,  or  of  dismissal  before  the  close  of  school. 

Sec.  12.  No  pupil  shall  be  allowed  to  retain  connection  with  any  pub- 
lic school  unless  furnished  with  books,  slate,  and  other  utensils  required 
to  be  used  in  the  class  to  which  he  belongs;  provided^  that  no  pupil  shall 
be  excluded  for  such  cause  unless  the  parent  or  guardian  shall  have  been 
furnished  by  the  teacher  with  a  list  of  books  or  articles  needed,  and  one 
week  shall  have  elapsed  after  such  notice  without  the  pupil's  obtaining 
said  books.  Books  may  be  furnished  to  indigent  children  by  the  Trus- 
tees, at  the  expense  of  the  district,  whenever  the  teacher  shall  have 
certified  in  writing  that  the  pupil  applying  is  unable  to  purchase  such 
books. 

Sec.  13.  An}^  pupil  who  shall  in  any  way  cut  or  otherwise  injure  any 
school  house,  or  injure  any  fences,  trees,  or  outbuildings  belonging  to  any 
of  the  school  estates,  or  shall  write  any  profane  or  obscene  language,  or 
make  any  obscene  pictures  or  characters  on  any  school  premises,  shall  bo 
liable  to  suspension,  expulsion,  or  other  punishment,  according  to  the 
nature  of  the  offence.  The  teacher  may  suspend  a  pupil  temporarily  for 
such  offence,  and  shall  notify  the  Trustees  of  such  action.  Pupils  shall 
not  be  allowed  to  remain  in  any  of  the  rooms  that  are  provided  with, 
improved  styles  of  furniture  except  in  the  presence  of  a  teacher  or  of  a 
monitor,  who  is  made  specially  responsible  for  the  care  of  the  seats  and 
desks.  All  damages  done  to  school  property  by  any  of  the  pupils  shall 
be  repaired  at  the  expense  of  the  party  committing  the  trespass. 

Sec.  14.  All  pupils  who  go  to  school  without  proper  attention  having 
been  given  to  personal  cleanliness,  or  neatness  of  dress,  shall  be  sent 
home  to  be  properly  prepared  for  school,  or  shall  be  required  to  prepare 
themselves  for  the  school  room  before  entering.  Every  school  room  shall 
be  provided  with  a  wash  basin,  soap,  and  towels. 

Sec.  15.  No  pupils  affected  with  any  contagious  disease  shall  bo 
allowed  to  remain  in  any  of  the  public  schools. 

Sec.  16.  The  books  used  and  the  studies  pursued  shall  be  such,  and 
such  only,  as  may  be  authorized  by  the  State  Board  of  Education ;  and 


RULES   AND    REGULATIONS.  43 

no  teacher  shall  require  or  advise  any  of  the  pupils  to  purchase  for  use 
in  the  schools  any  book  not  contained  in  the  list  of  books  directed  and 
authorized  to  be  used  in  the  schools. 

Sec.  17.  It  shall  be  the  duty  of  the  teachers  of  the  schools  to  read  to 
the  pupils  from  time  to  time  so  much  of  the  school  regulations  as  apply 
to  them,  that  they  may  have  a  clear  understanding  of  the  rules  by  which 
they  are  governed. 

Sec.  18.  In  all  primary  schools  Bxercises  in  free  gymnastics,  and  vocal 
and  breathing  exercises,  shall  be  given  at  least  twice  a  day,  and  for  a, time 
not  less  than  five  minutes  for  each  exercise. 

Sec.  19.  The  following  supplies  shall  be  provided  by  the  District 
Clerk,  under  the  provisions  of  section  fort3^-six  of  the  Eevised  School 
Law,  on  the  written  requisition  of  the  teacher,  viz:  clocks,  brooms,  dust- 
ing brushes,  wash  basins,  water  buckets,  tin  cups,  dukt  pans,  matches, 
ink,  ink  bottles,  pens,  penholders,  slate  pencils,  crayon  chalk,  hand  bells, 
coal  buckets  or  wood  boxes,  shovels,  pokers,  soap,  towels,  thermometers, 
door  mats,  scrapers,  and  stationery. 

Sec.  20.  Trustees  are  authorized  and  recommended  to  employ  a  suit- 
able person  to  sweep  and  take  care  of  the  school  house,  and  to  make 
suitable  provision  for  supplying  the  school  with  water. 


EULESFOE  PUPILS. 

1.  Every  pupil  is  expected  to  attend  school  punctually  and  regularly; 
to  conform  to  the  regulations  of  the  school,  and  to  obey  promptly  all 
the  directions  of  the  teacher;  to  observe  good  order  and  propriety  of 
deportment;  to  be  diligent  in  study,  respectful  to  teachers,  and  kind  and 
obliging  to  schoolmates;  to  refrain  entirely  from  the  use  of  profane  and 
vulgar  language,  and  to  be  clean  and  neat  in  person  and  clothing. 

2.  Pupils  are  required,  in  all  cases  of  absence,  to  bring,  on  their  return 
to  school,  an  excuse  in  writing  from  their  parents  or  guardians,  assign- 
ing good  and  sufficient  reasons  for  such  absence. 

3.  All  pupils  who  have  fallen  behind  their  grade,  by  absence  or  irregu- 
larity of  attendance,  by  indolence  or  inattention,  shall  be  placed  in  the 
grade  below,  at  the  discretion  of  the  teacher. 

4.  'No  pupil  shall  be  permitted  to  leave  school  at  recess,  or  at  any 
other  time  before  the  regular  hour  for  closing  school,  except  in  case  of 
sickness,  or  on  written  request  of  parent  or  guardian. 

5.  Any  scholar  who  shall  be  absent  one  week  without  giving  notice  to 
the  teacher,  shall  lose  all  claim  to  his  particular  desk  for  the  remainder 
of  the  term,  and  shall  not  be  considered  a  member  of  the  school. 

6.  Each  scholar  shall  have  a  particular  desk,  and  shall  keep  the  same 
and  the  floor  beneath  in  a  neat  and  orderly  condition. 


44  EULES   AND    REGULATIONS. 


INSTETJCTIOKS   TO   TEACHEES. 

1.  Teachers  will  endeavor  to  make  themselves  acquainted  with  parents 
and  guardians,  in  order  to  secure  their  aid  and  co-operation,  and  to  better 
understand  the  temperaments,  characteristics,  and  wants  of  the  children. 

2.  Teachers  shall  daily  examine  the  lessons  of  their  various  classes, 
and  make  such  special  preparation  upon  them,  if  necessary,  as  not  to  be 
constantly  confined  to  the  text  book,  and  instruct  all  their  pupils,  with- 
out partiality,  in  those  branches  of  school  studies  which  their  various 
classes  may  be  pursuing.  In  all  their  intercourse  with  their  scholars 
they  are  required  to  strive  to  impress  on  their  minds,  both  by  precepts 
and  example,  the  great  importance  of  continued  efforts  for  improvement 
in  morals,  and  manners,  and  deportment,  as  well  as  in  useful  learning. 

3.  Teachers  should  explain  each  new  lesson  assigned,  if  necessary,  by 
familiar  remarks  and  illustrations,  that  every  pupil  may  know",  before  he 
is  sent  to  his  seat,  what  he  is  expected  to  do  at  the  next  recitation,  and 
how  it  is  to  be  done. 

4.  Teachers  should  only  use  the  text  book  for  occasional  reference, 
and  should  not  permit  it  to  be  taken  to  the  recitation  to  be  referred  to 
by  the  pupils,  except  in  case  of  such  exercises  as  absolutely  require  it. 
They  should  assign  many  questions  of  their  own  preparing,  involving  an 
application  of  what  the  pupils  have  learned  to  the  business  of  life. 

6.  Teachers  should  endeavor  to  arouse  and  fix  the  attention  of  the 
whole  class,  and  to  occupy  and  bring  into  action  as  many  of  the  faculties 
of  their  pupils  as  possible.  They  should  never  proceed  with  the  recita- 
tion without  the  attention  of  the  whole  class,  nor  go  round  the  class  with 
recitation  always  in  the  same  order,  or  in  regular  rotation. 

6.  Teachers  should  at  all  times  exhibit  proper  animation  themselves, 
manifesting  a  lively  interest  in  the  subject  taught,  avoid  all  heavy,  plod- 
ding movements,  all  formal  routine  in  teaching,  lest  the  pupil  be  dull  and 
drowsy,  and  imbibe  the  notion  that  he  studies  only  to  recite. 


EULES  FOE  DISTEICT  LIBEAEIES. 

(Adopted  by  the  State  Board  of  Education,  June  8th,  1866.) 

1.  The  Librarian  appointed  b}^  the  Trustees  shall  properly  label  and 
number  each  book  in  the  district  library,  and  keep  a  catalogue  of  the 
same,  showing  the  title  and  number  of  each  book. 

2.  The  library  shall  be  open  for  drawing  and  returning  books — (here 
insert  such  time  as  may  be  determined  by  the  Trustees  and  Librarian.) 

3.  Every  child  attending  school  shall  be  entitled  to  the  privilpges  of 
the  library;  but  when  the  number  of  books  is  insufficient  to  supply  all 
the  pupils,  the  Librarian  shall  determine  the  manner  in  which  books 
may  be  drawn. 

4.  No  person  shall  be  entitled  to  two  books  from  the  library  at  the 
same  time,  and  no  family  shall  draw  more  than  one  book  while  other 
families  wishing  books  remain  unsupplied. 

5.  No  person  shall  loan  a  library  l30ok  to  any  one  out  of  his  own  house, 
under  a  penalty  of  fifty  cents  for  each  off'ence. 


TEXT   BOOKS.  45 

6.  No  person  shall  retain  a  book  from  the  library  more  than  two 
weeks,  under  a  penalty  of  ten  cents  for  each  day  he  may  so  retain  it; 
and  no  person  may  draw  the  same  book  a  second  time  while  any  other 
person  wishes  to  draw  it. 

7.  Any  person  losing  or  destroying  a  library  book  shall  pay  the  cost 
of  such  book  and  a  fine  of  fifty  cents;  and  any  person  injuring  a  book 
by  marking,  tearing,  or  unnecessarily  soiling  it,  shall  be  liable  to  a  fine 
of  not  less  than  ten  cents,  nor  more  than  the  cost  of  the  book,  to  be 
determined  by  the  Librarian. 

8.  Any  person  refusing  or  neglecting  to  pay  any  penalty  or  fine  shall 
not  be  allowed  to  draw  any  book  from  the  library. 

9.  The  Librarian  shall  report  to  the  Trustees,  quarterly,  the  amount 
of  fines  imposed  and  collected,  and  the  amount  received  for  membership 
dues;  and  all  moneys  accruing  from  these  sources  shall  be  expended  for 
the  purchase  or  repair  of  books. 

10.  Any  person,  other  than  pupils  attending,  resident  in  the  school 
district,  may  become  entitled  to  the  privileges  of  the  school  library  by 
the  payment  of  an  admission  fee  of  one  dollar,  and  a  monthly  member- 
ship of  twenty-five  cents. 

11.  Any  person  resident  in  the  district,  who  shall  pay  to  the  Trustees 
the  sum  of  ten  dollars,  shall  be  entitled  to  a  life  membership  privilege 
of  the  library. 

12.  The  Librarian  shall  report,  annually,  to  the  District  Clerk,  on  or 
before  the  tenth  day  of  July,  the  number  and  condition  of  books  in  the 
library,  the  number  and  titles  of  books  received  by  donation,  the  number 
and  titles  of  books  purchased,  the  amount  of  State  School  Library  Fund 
expended,  and  the  amount  derived  from  fines  and  membership  fees. 


STATE  SEEIES  OF  TEXT  BOOKS. 

[Adopted  by  the  State  Board  of  Education,  June  eighth,  eighteen  hundred  and  sixty-six,  in  accord- 
ance with  section  ninety-six  of  the  Revised  School  Law.] 

Note. — The  members  of  the  State  Board  were  unanimously  of  opinion  that  no  change  in  text 
books  ought  to  be  made  at  present,  with  the  exception  of  adding  Clarke's  Geography  to  the  list. 
The  books  marked  "adopted"  cannot  be  changed  for  a  period  of  four  years  from  and  after 
December  eighth,  eighteen  hundred  and  sixty-six;  those  marked  "continued"  remain  in  use 
under  the  action  of  the  former  State  Board  of  Education,  and,  not  having  been  acted  upon  by  the 
present  Board,  may  be  changed  at  any  time  during  the  next  four  years,  if  any  change  should  be 
thought  desirable.     No  change  is  at  present  contemplated. 

ARITttMETIC. 

(Adopted  for  four  years.) 
Eaton's  Primary,  Eaton's  Common  School,    "j- 

i    Eaton's  Intellectual,  Eaton's  Higher. 

GEOGRAPHY. 

Allen's  Primary  (continued.) 
Cornell's  Primary  (continued.) 

Warren's  Intermediate  (continued  for  the  present,  with  the  recom- 
mendation that  pupils  be  promoted  as  rapidly  as  possible  into  Clarke's 


46  TEXT   BOOKS. 

Geography,  and  that  as  fast  as  practicable,  Warren's  Intermediate  be 
superseded  by  Clarke's  Common  School  Geography.) 

Warren's  Physical  (continued.) 

Shaw  and  Allen's  (continued.) 

Cornell's  Outline  Maps  (adopted.) 

Guyot's  Wall  Maps  of  Physical  Geography  (adopted.) 

GRAMMAR. 

Greene's  Introduction  (adopted.) 
Quackenbos'  English  Grammar  (continued.) 

READERS. 

Willson's  Entire  Series,  with  charts  (adopted.) 

PHYSIOLOGY. 

Hooker's  Elementary  (adopted.) 
Hooker's  Larger  (continued.) 

HISTORY   OF   THE    UNITED    STATES. 

Quackenbos*  Primary  (adopted.) 
Quackenbos'  Larger  (adopted.) 

NATURAL  PHILOSOPHY. 

Quackenbos'  Natural  Philosophy  (adopted.) 

ALGEBRA. 

Robinson's  Series  (adopted.) 

MORAL  TRAINING. 

Cowdery's  Moral  Lessons  (adopted.) 

ENGLISH   COMPOSITION. 

Quackenbos'  (adopted.) 

,    PENMANSHIP. 

Spencerian,  and  Payson  and  Dunton's  (both  recommended.) 

BOOKS   RECOMMENDED   FOR  TEACHERS, 

Sheldon's  Elementary  Instruction. 
Sheldon's  Lessons  on  Objects. 
Willson's  Manual. 
Russell's  Normal  Training. 
Russell  and  Murdoek's  Vocal  Cultur©/ 
Russell's  Exercises  on  Words. 
Well's  Graded  Schools. 


.->'>  "^^  iy-^>L^ ' 


COURSE   OF   STUDY.  47 

*),   Page's  Theory  and  Practice. 

Emerson's  School  and  Schoolmaster. 

Northend's  Teacher's  Assistant. 

Wickersham's  School  Economy. 

Kindergarten  Guide. 

Guyot's  Earth  and  Man. 

Mitchell's  Planetary  and  Stellar  Worlds. 

Agassiz's  Methods  of  Study  in  Natural  History. 

Agassiz's  Sketches  of  Geology. 

Barnard's  Journal  of  Education. 

Life  of  Horace  Mann. 

Life  of  Dr.  Arnold.  J,  .      ^ 

COUESE    OF    STUDY    FOE    THE    PUBLIC    SCHOOLS    OF 

CALIFOENIA. 

[Adopted  by  the  State  Board  of  Education,  June  eighth,  eighteen  hundred  and  sixty-six,  and 
required  to  be  enforced  by  County  Superintendents,  Trustees,  and  teachers,  according  to  sec- 
tions sixteen,  forty-two,  and  sixty-four  of  the  Revised  School  Law.] 

SIXTH   GRADE. 

Reading^  taught  from  "Willson's  Charts,  using  the  word  method.  Alpha- 
bet taught  when  words  can  be  called  at  sight.  A  set  of  alphabet  hlochs 
will  be  found  very  useful.  In  the  absence  of  charts,  Willson's  Primer 
must  be  used,  and  it  may  also  be  taken  up  after  the  charts  are  learned. 
Drill  of  two  minutes  at  each  lesson  on  elementary  sounds.  Oral  lan- 
guage, or  talking,  taught  by  means  of  simple  object  lessons. 

Numbers^  counting  to  fifty,  by  use  of  objects  only.  A  box  of  beans,  or 
kernels  of  corn,  or  marbles,  or  small  pebbles,  can  be  used  for  this  pur- 
pose, in  connection  with  the  abacus,  or  numeral  frame.  The  use  of 
objects  in  counting,  instead  of  abstract  counting,  will  enable  children  to 
form  a  more  correct  idea  of  the  relative  size  of  numbers,  and  will  give  a 
better  foundation  for  arithmetical  instruction.  The  Arabic  figures  may 
be  taught  from  the  blackboard  in  connection  with  objects.  Eoman 
numerals  to  ten.  Short  lessons  in  addition  may  be  given,  using  the 
beans  at  first,  each  pupil  having  ten,  and  afterwards  using  the  fingers. 
Counting  in  this  grade  shall  be  allowed  to  fifty,  and  addition  to  ten. 

Slate  and  Blackboard  Printing  and  Drawing. — All  pupils  of  this  grade 
must  be  provided  with  a  small  slate  and  pencil.  Daily  exercises  on  both 
elate  and  blackboard,  in  printing,  from  Willson's  Chart  Number  Eleven, 
or  from  the  primer,  or  from  copies  set  by  the  teacher — capital  letters, 
small  letters,  Arabic  figures,  lines,  angles,  etc.  The  pupils  of  this  grade 
should  be  allowed  to  use  the  blackboard  during  the  recitations  of  other 
classes  at  least  twice  a  day,  fifteen  minutes  or  half  an  hour  each  time. 
Amusement  is  better  than  listless  idleness. 

Object  Lessons,  to  train  the  perceptive  faculties — sensation,  perception, 
jfttention — will  embrace  lessons  on: 

Forms,  including  lines — straight,  curved,  parallel,  perpendicular,  verti- 
cal, oblique,  and  horizontal;  angles — right,  acute,  and  obtuse;  surfaces 
— square  and  triangular. 

Colors,  the  most  common,  such  as  red,  blue,  and  yellow,  from  Willson's 


48  COURSE    OP   STUDY. 

Color  Chart,  or  in  the  absence  of  that,  by  classifying  the  colors  of 
objects,  such  as  grass,  flowers,  or  articles  of  dress. 

Miscellaneous  Objects;  as,  articles  of  food,  dress,  or  furniture,  their  parts 
and  uses ;  the  names  of  animals,  plants,  and  vegetables,  and  their  simplest 
uses.  In  these  lessons  the  time  must  not  exceed  five  minutes;  only  one 
or  two  new  words  should  be  introduced  at  a  time,  and  every  word  and 
idea  should  be  fixed  in  the  mind.  For  instruction  in  object  teaching  the 
teacher  is  referred  to  Willson's  Manual,  accompanying  the  charts,  or  to 
Calkin's*  or  Sheldon's  books,  one  of  which  should  be  in  the  hands  of 
every  teacher. 

Manners  and  Morals,  taught  b}^  explaining  and  enforcing  habits  of  per- 
sonal cleanliness,  neatness  in  dress,  order,  obedience,  and  j^oliteness,  by 
telling,  not  reading,  simple  stories  to  illustrate  the  virtues  of  honesty, 
truthfulness,  and  kindness  to  one  another,  and  to  animals.  Cowdery's 
Moral  Lessons  will  be  found  invaluable  for  reference  by  the  teacher,  who 
should  be  able  to  tell  the  stories  without  the  use  of  the  book  in  school. 

The  time  given  to  this  grade  must  depend  on  the  number  of  pupils  it 
contains,  compared  with  the  other  grades.  The  general  rule  must  be 
short  exercises,  never  exceeding  ten  minutes,  and  seldom  five.  The  recesses 
of  the  children  in  this  grade  ought  to  be  twice  or  three  times  the  length 
of  those  for  the  older  pupils.  When  in  school  they  must  be  kept  busy; 
and  when  there  is  nothing  to  be  done,  they  ought  to  be  out  at  play. 

FIFTH    GRADE. 

Reading. — Willson's  Primer  completed,  and  First  Eeader  begun,  to  be 
Completed  in  this  grade.  Willson's  Charts,  Numbers  Four,  Five,  8ix, 
Seven,  and  Eight;  spelling  first  from  the  Charts,  then  from  Willson's 
Primarj^  Speller,  the  words  to  be  used  in  constructing  oral  sentences 
according  to  directions.  Spelling  lessons  to  be  printed  daily  on  the 
blackboard  and  on  slates.  Phonic  spelling  from  Charts  Numbers  Seven 
and  Eight. 

Numbers,  counting  to  two  hundred  ;  counting  by  twos,  fives,  and  tens, 
to  fifty,  and  backward.  Adding  and  subtracting  numbers,  not  to  exceed 
twenty  in  amount;  mental  operations  to  be  expressed  by  written  figures 
on  the  board  and  slates.  This  grade  strictly  limited  to  small  numbers 
and  simple  operations,  quickly  performed. 

Printing  and  Drawing. — Printing  spelling  lessons  continued,  and  sen- 
tences begun.  Drawing  lines  and  angles  from  Willson's  Chart  Number 
Eleven. 

Object  Lessons. — Lines  and  measures,  forms  and  solids,  and  measures 
for  the  eye,  from  Willson's  Charts  Numbers  Eleven  and  Twelve.  Colors 
from  Willson's  Color  Chart  Number  Thirteen,  and  box  of  hand  color 
cards.  In  the  absence  of  charts,  the  teacher  will  draw  on  the  board, 
lines,  angles,  and  circles;  surface  forms,  as  triangle,  parallelogram,  hex- 
agon, etc.;  measures,  such  as  inch,  three  inch,  six  inch,  foot,  and  yard, 
square  inch  and  square  foot;  or  better  still,  sticks  and  pieces  of  board  to 
illustrate  the  same,  to  be  used  in  actually  measuring  objects  and  distances 
in  the  room. 

Miscellaneous  Lessons  may  embrace  animals,  birds,  flowers,  grains,  vegt- 
tables,  etc.,  from  the  charts,  and  confined  mainly  to  names,  parts,  and 
uses. 

Morals  and  Manners,  as  in  the  sixth  grade,  with  the  introduction  of 
longer  stories,  read  by  the  teacher,  with  applications  more  fully  made. 


COURSE   OP    STUDY.  '         49 

Committing  to  memory  maxims  and  mottoes,  such  as  are  found  in  Will- 
son's  Manual. 

Remarks. — In  small  schools,  with  few  pupils,  the  fifth  and  sixth  grades 
must  be  united  in  one.  Short  lessons  and  quick  work ;  no  exercise  to 
exceed  ten  minutes  at  one  time.  Long  recesses  and  plenty  of  amuse- 
ment; make  no  smart  children  dull  by  long  confinement  and  overwork. 

FOURTH     GRADE. 

Reading. — "VVillson's  Second  Eeader.  Short  class  drill  of  one  minute 
each,   at  each  reading  lesson,  on  inflection,  emphasis,  pitch,  and  force. 

Spelling. — Willson's  Primary  Speller,  with  simultaneous  class  drill  of 
two  minutes  each  lesson,  in  phonic  spelling,  to  secure  distinctness  of 
articulation  and  enunciation. 

Arithmetic. — Eaton's  Primary,  counting  by  twos,  threes,  fours,  fives, 
tens,  and  twenties,  to  one  hundred,  and  backward;  counting  to  two 
hundred,  by  bean  boxes,  if  possible.  Counting  by  objects  is  more  diffi- 
cult and  more  useful  than  abstract  counting.  Multiplication  table  begun, 
explained  by  objects  and  the  numeral  frame,  and  learned  to  six  times 
twelve.  Easy  examples  in  addition  and  subtraction,  performed  on  the 
board.  Lessons  of  the  Mental  Arithmetic  written  on  the  board;  short 
mental  exercises,  combining  addition,  subtraction,  and  multiplication. 
Numeration  and  notation,  not  to  exceed  one  thousand;  Eoman  nume- 
rals, to  one  hundred. 

Geograplii/. — Allen's  Primary,  used  according  to  the  instructions  to 
teachers  in  the  text  book.  Colton's  Geographic  Charts,  if  in  school. 
Globe  used  to  explain  the  shape  and  revolutions  of  the  earth,  and  the 
relative  positions  of  the  grand  divisions.  Lessons  in  local  geography; 
directions  of  north,  east,  south,  and  west — not  on  the  map,  but  out  of 
doors;  map  of  the  schoolroom;  exercises  in  the  distances  of  places 
within  five,  ten,  or  twenty  miles.  Drawing  all  the  maps  of  AUen^s 
Geography  on  slate,  paper,  and  blackboard. 

State  and  Blackboard  Printing  and  Drawing. — Printing  lessons  in  arith- 
metic and  spelling,  both  on  board  and  slates;  never  leave  the  blackboard 
unused  for  a  single  minute ;  one  grade  can  constantly  be  occupied. 
Drawing  on  slate  and  blackboard  from  margins  of  Spencerian  Charts, 
from  drawing  cards,  or  best  of  all,  from  copies  of  the  teacher. 

Writing,  on  both  slate  and  blackboard,  first  words  from  Willson's  Chart 
Number  Nine,  then  capital  and  small  script  letters. 

Object  Lessons  may  now  be  more  systematically  given,  appealing  to 
judgment  as  well  as  observation. 

Colors  reviewed  and  continued  from  the  color  charts.  Forms  reviewed 
and  continued,  by  using  a  box  of  geometrical  solids.  Animals,  from 
Willson's  Charts.  Plants,  forms  and  classes  of  leaves,  and  parts  of  flow- 
ers, from  Willson's  Charts. 

Manners  and  Morals  taught  by  lessons  in  Willson's  Second  Eeader. 

THIRD   GRADE. 

Reading. — Willson's  Third  Eeader. 

Spelling. — Willson's  Primary  Speller  completed.     All  exercises  in  con- 
structing sentences  to  be  required  as  directed  in  the  text  book,  as  a  pre- 
liminary to  the  study  of  grammar.     Weekly  exercise  in  collecting  and 
writing  words  in  common  use,  and  the  names  of  common  objects. 
.     7 


50  COURSE   OF   STUDY. 

Arithmetic. — Eaton's  Intellectual.  Multiplication  table  completed. 
Slate  and  blackboard  drill  exercises  of  five  minutes,  twice  a  week,  in 
addition,  subtraction,  multiplication,  and  division.  Lessons  in  mental 
arithmetic.  Lessons  on  notation  and  numeration,  extending  to  larger 
numbers. 

Geogropliy. — CornelFs  Primary.  All  the  maps  to  be  drawn  on  slate, 
blackboard,  or  paper;  Cornell's  Outline  Maps  used  in  connection.  Globe 
used  for  explainirtg  latitude,  longitude,  tropics,  and  polar  circles,  and 
relative  positions  of  places  named  in  the  geography.  Map  of  county, 
tow^n,  or  city  in  which  the  pupils  live.  Exercises  in  distances  of  places 
in  this  State,  and  next  the  outline  map  of  the  State,  with  principal  cities, 
rivers,  and  mountains. 

Grammar. — Greene's  Introductory  to  Part  II,  at  thp  option  of  the 
teacher.  Exercises  in  constructing  sentences,  similar  to  those  in  Will- 
son's  Speller.     Principal  parts  of  speech. 

Femnanship. — Writing  on  slate  and  blackboard  continued.  Blank  copy 
books  and  pen  used.  I)rill  class  exercises  in  position  at  the  desk,  hold- 
ing the  pen,  using  the  fingers  and  arm,  and  on  elements  of  letters. 
Copies  to  be  set  on  the  blackboard,  in  connection  with  the  Spencerian  or 
Payson  &  Dunton's  Charts.     Time,  half  an  hour  daily. 

Drawing. — Slate  and  blackboard  continued,  and  pencil  drawing  on  paper 
begun.  Forms  of  leaves  from  Willson's  Chart  Number  Thirteen,  and 
from  drawing  cards. 

Object  Lessons. — Willson's  Charts  continued  according  to  directions. 
Begin  collecting  for  the  school  cabinet  specimens  of  rocks,  minerals,  ores, 
metals,  grains,  and  other  common  objects,  using  them  as  topics.  Les- 
sons, fifteen  minutes,  twice  a  week. 

Moral  Lessons. — Cowdery's  Moral  Lessons.  Making  full  application  of 
lessons  for  the  purpose  of  exercising  the  conscience  in  judgment  of  acts 
and  character.  Pupils  can  now  be  taught  the  foundation  of  moral  obli- 
gations, and  the  various  classes  of  human  rights  and  duties. 
'  Remarks. — In  this  grade  pupils  begin  to  study  lesssons  systematically. 
If  the  school  is  large,  the  teacher  can  make  daily  alternations  of  reading 
and  spelling,  or  of  grammar  and  geography.  It  is  by  no  means  neces- 
sary that  all  the  recitations  should  be  daily. 

SECOND    GRADE. 

Reading. — Willson's  Fourth  Eeader;  two  lessons  a  week,  in  connection 
with  Willson's  Charts. 

Spelling. — Willson's  Larger  Speller;  two  lessons  a  week,  both  written 
and  oral,  alternating  with  reading. 

Arithmetic. — Eaton's  Practical,  begun  and  continued  to  decimal  frac- 
tions; daily  lessons.  Eaton's  Intellectual,  continued;  two  lessons  a 
week.  Drill  class  exercises  of  five  minutes  each,  in  written  arithmetic, 
on  rapid  operations  in  addition  and  multiplication. 

Geography. — Warren's  Intermediate,  or  Clarke's.*  Learning  the  coarse 
print  and  leading  map  questions.  Cornell's  Outline  maps,  continued. 
Exercises  in  latitude  and  longitude  of  cities  and  countries  on  the  globe. 
Outline  maps  on  paper,  every  two  weeks.  Two  lessons  a  week  in 
geography,  alternating  with  grammar. 

Grammar. — Greene's  Introductory,  completed.     Weekly  compositions, 


See  note  on  this  tixt  book,  page  45. 


COURSE   OP   STUDY.  51 

embracing  geographical  descriptions,  or  descriptions  of  objects,  consid- 
ered under  the  head  of  object  lessons.  No  composition  on  abstract 
topics.  Qiiackenbos'  English  Composition,  at  the  option  of  the  teacher, 
to  be  used  in  connection  with  Greene's  Introduction. 

Penrnanship. — Pupils  must  now  be  taught  how  to  write,  fold,  and  address 
a  letter;  one  letter  a  week,  until  the  letters  are  correctly  written. 
Engraved  copy  books  of  the  Spencerian,  or  Payson  &  Dunton's  system. 
Blank  books  still  used  for  drill  exercises.  Pupils  required  to  present 
monthly  specimens  for  examination  and  credits. 

Hlstorij. — Quackenbos'  Primary. 

Ohject  Lejisons. — One  lesson  a  week,  fifteen  to  thirty  minutes.  Collec- 
tion of  cabinet  specimens  continued. 

Moral  Lessons. — One  lesson  a  week,  half  an  hour. 

FIRST   GRADE. 

Reading. — Wilson's  Fourth  continued,  or  Fifth  taken  up  if  the  class  is 
competent  to  use  it.     Two  lessons  a  week. 

Spelling. — Wilson's  Speller,  continued  alternately  with  reading.  Writ- 
ten exercises  in  constructing  sentences,  according  to  directions  on  each 
page  of  the  Speller. 

Arithmetic. — Eaton^s  Practical,  continued.  Exercises  in  writing  prom- 
issory notes,  orders,  receipts,  and  business  forms,  twice  a  week,  until  all 
the  pupils  can  execute  neatly  and  correctly.  Written  examination  of 
ten  questions,  once  a  month. 

Grammar. — -Quackenbos'.  Pupils  required  to  correct  one  another's 
written  exercises  and  compositions,  and  to  rewrite  them  before  submit- 
ting to  the  corrections  by  the  teacher.  Grammar  alternating  with  geogra- 
ph^^     Written  examinations  monthly. 

Geography. — Clarke's,  continued.  Specimen  maps  drawn  once  a  month. 
Written  geographical  descriptions,  and  monthly  review  examinations  in 
writing. 

History. — Quackenbos'  United  States. 

Physiology. — Hooker's  Larger,  alternating  with  history. 

Bookkeeping,  in  place  of  writing;  Payson  &  Dunton's  Elementary. 

Oral  Instruction,  in  State  Government,  and  in  Constitution  and  Govern- 
ment of  the  United  States,  rights  and  duties  of  citizenship. 

Remarks. — In  schools  numbering  fifty  pupils,  it  will  probably  be  found 
necessary  to  have  two  classes  in  arithmetic  and  grammar  in  this  grade, 
and  the  same  in  the  second.  In  reading,  spelling,  and  geography,  every 
effort  should  be  made  to  keep  the  classes  united. 

ADVANCED   GRADE. 

Arithmetic. — Eaton's  Practical  completed,  or  High  School  begun. 

Algebra. — Robinson's  Elementary,  alternating  with  arithmetic. 

Reading — Declamations  and  recitations. 

Pookkeeping.^-Adya^nced. 

Grammar. — Analysis  and  composition. 

Natural  Philosophy. — Quackenbos'. 

Elementary  Drawing. 

Geometry. 


52  COURSE   OP   STUDY. 

GENERAL   EXERCISES. 

The  tact  and  skill  of  teachers  will  be  shown  in  the  arrangement  of  the 
general  exercises  of  the  whole  school,  or  for  two  grades  united.  Some 
of  these  exercises  should  be  as  follows  :  In  arithmetic,  drill  exercises  of 
five  minutes  in  mental  examples,  at  least  twice  a  week;  slate  and  black- 
board exercises  of  five  minutes  in  adding  columns  of  figures,  for  first, 
second,  and  third  grades  together;  exercises  in  four  elementary  rules. 

Declamations  for  the  boys,  and  select  readings  or  recitations  of  poetry 
by  the  girls,  weekly  or  semi-monthly.  Physical  exercises  daily,  such  as 
free  gymnastic  and  other  exercises,  according  to  Lewis'  or  Watson's 
handbooks. 

Spelling  matches  in  oral  spelling,  uniting  the  three  highest  grades. 
Written  spelling  in  the  same  manner. 

General  exercises  of  three  grades  in  letter  writing.  Drill  exercises  of 
the  whole  school  in  penmanship,  position  at  the  desk,  holding  the  pen, 
and  elements  of  letters. 

Allowing  the  pupils  of  one  grade  to  question  those  of  another  on  any 
one  of  the  school  studies.  Object  lesson  for  the  whole  school.  Singing 
should  be  a  dail}^  exercise,  if  possible. 

Manners  and  Morals. — General  lessons  on  such  topics  as  lying,  stealing, 
profanity,  intemperance,  idleness,  industry,  honesty,  truthfulness,  duties 
to  parents,  obedience  to  authority. 

Indispensable  School  Apparatus. — Willson's  School  and  Family  Charts, 
Cornell's  Outline  Maps,  Map  of  California,  a  globe,  Webster's  New  Pic- 
torial Dictionary,  set  of  writing  charts,  numeral  frame,  set  of  alphabet 
blocks,  box  of  geometrical  solids,  a  foot  rule  and  a  tape  line;  gill,  pint, 
and  quart  measures;  ounce,  quarter  pound,  half  pound,  and  pound 
weights  (avoirdupois,)  and  scales  for  experiments  in  weighing,  a  box  of 
beans  or  marbles,  a  school  cabinet. 


OFFICIAL   FORMS   AND  BLANKS.  53 


OFFICIAL  FORMS  AND  BLANKS. 


No.  1. 

Form  of  notice  of  the  annual  election  of  School  Trustees. 

ELECTION   NOTICE. 

Notice  is  hereby  given  to  the  qualified  electors  of School  Dis- 
trict, that  the  annual  school  meeting  for  the  election  of  School  Trustees 
will  be  held  on  the  last  Saturday  in  June,  186..., at  the  public  school  house 
of  said  district. 

The  polls  will  be  open  between  the  hours  of  and  


Dated 186...  School  Trustees. 


No.  2. 


Form  of  notice  or  advertisement  of  a  district  election  under  section  ninety -eighty 
Revised  School  LaWj  for  voting  a  tax  to  maintain  a  free  school  or  to  build  a 
school  house. 

ELECTION   NOTICE. 

Notice  is  hereby  given  to  the  qualified  electors  of School  Dis- 
trict, that  an  election  will  be  held  on  the day  of ,  at  which 

will  be  submitted  the  question  of  voting  a  tax  to  maintain  a  free  school, 
(or  to  build  a  school  house.) 

It  will  be  necessary  to  raise  for  this  purpose  the  sum  of  $ ,  and 

the  rate  of  taxation  necessary  to  be  levied  will  be  cents  upon  the 

one  hundred  dollars  of  taxable  property  in  the  district. 


54  OFFICIAL   FORMS   AND   BLANKS. 

The  polls  will  be  open  at  the  public  school  house  between  the  hours 
of and 


District  School  Trustees. 

Note. — The  date  must  bo  twenty  days  before  election,  and  the  notice  must  be  advertised  in  the 
county  paper,  if  there  be  one,  once  a  week  for  three  weeks  prior  to  the  election.  For  details,  see 
section  ninety-eight,  Eevised  School  Law. 


No.  3. 


Form  of  District  Cleric's  receipt^  under  section  one  hundred  and  seven^  Revised 

School  Law. 

Eeceived  of ,  District  Clerk  of School  District,  County 

of  ,  all  records,  papers,  books,  blanks,  and  documents  belonging 

to  said  district,  and  required  to  be  delivered  by  section  one  hundred  and 
seven  of  the  Eevised  School  Law. 


District  Clerh. 


No.  4. 


Form  of  receipt  of  County  Superintendent  of  Common  Schools,  under  section 
sixteen,  clause  ninth,  Eevised  School  Daw. 

Eeceived  of  ,  Superintendent  of   Common    Schools  of  

County,  all  documents  and  records  required  to  be  delivered  nnder  sec- 
tions one  hundred  and  seven  and  sixteen  of  the  Eevised  School  Law. 


Superintendent  Common  Schools. 


No.  5. 
School  Trustee's  order  upon  the  County  Superintendent  of  Public  Schools. 

No 186... 

The  County  Superintendent  of  Public  Schools  of  County  will 

draw  a  warrant  on  the  County  Treasurer,  payable  out  of  the  


OFFICIAL   FORMS   AND   BLANKS.  55 

School  Funcl,  for dollars,  in  favor  of or  order,  on  account 

of  during  the  present  school  year,  in  the  School  District. 


$ School  Trustees  of District. 


Ko.  6. 
County  Superintendent^  luarrant  upon  the  County  Treasurer. 

]S^o 186... 

The  Treasurer  of County  will  pay  from  the School  Fund 

to     or  order,  dollars,  on  account  of in School 

District,  during  the  school  year  ending  August  31,  186... 


County  Superintendent  of  Public  Schools. 


No.  7. 
Certificate  of  election  of  Trustee  of  Public  Schools. 

To of .,  Greeting: 

This  certifies  that  j^ou,  the  said  ,  were,  at  an  election  held  on 

the day  of  June,  Anno  Domini  186...,  chosen  to  the  office  of 

Trustee  of  Public  Schools  of  District,  County  of  ,  State  of 

California,  and  you  are,  by  virtue  of  said  election  and  qualification,  fully 
authorized  and  empowered  to  discharge  all  the  duties  of  said  office,  and 
to  exercise  all  the  powers  thereto  belonging  according  to  law,  for  three 
years  from  and  including  the  first  Saturday  in  September,  186... 


Clerk  of  District  School  Meeting. 
Note. — Forward  this  to  the  County  Superintendent  of  Common  Schools  without  delay. 


OATH   OF   OFFICE. 


I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  Constitution  of 
the  United  States  and  the  Constitution  of  the  State  of  California,  and 
that  I  will  faithfully  discharge  the  duties  of  Public  School  Trustee  for 


66  OFFICIAL   FORMS   AND   BLANKS. 

the  School  District,  in  the  County  of  and  State  of  Cali- 
fornia, according  to  the  best  of  my  ability.     So  help  me  God. 


Sworn  and  subscribed  to  before  me,  a of  the  County  of  

and  State  of  California,  tbis day  of Anno  Domini  186... 


Note. — This  oath  may  be  administered  by  any  one  of  the  Board  of  District  School  Trustees. 
Forward  without  delay  to  the  County  Superintendent  of  Common  Schools. 

Note. — This  oath  may  be  taken  before  any  officer  in  the  State  authorized  by  law  to  administer 
oaths. 

This  certificate  is  subject  to  an  internal  revenue  stamp  of  five  cents,  to  be  fixed  and  cancelled 
by  the  person  to  whom  the  certificate  is  issued. 


No.  8. 

Appointment  of  Public  School  Trustee. 

In  accordance  with  the  power  vested  in  me  by  the  Revised  School  Law, 

I  hereby  appoint  you,  ,  a  Public  School  Trustee  for  the  

School  District,  in  the  County  of and  State  of  California,  for  the 

term  of  ,  to  hold  said  office  until  the  next  annual  election  of 

School  Trustees;  and  you  are,  by  virtue  of  this  appointment,  fully 
authorized  and  empowered  to  discharge  all  the  duties  of  said  office  when 
you  shall  have  taken  the  oath  of  office  required  by  law. 


County  Superintendent  of  Common  Schools,  County . 

This  certificate  is  subject  to  an  internal  revenue  stamp  of  five  cents,  to  be  affixed  and  cancelled 
by  the  person  making  the  certificate. 

Note. — Return  the  duplicate  copy  of  this  appointment,  with  the  oath  of  office  sworn  and  sub- 
scribed to  on  the  back,  to  the  office  of  the  County  Superintendent  of  Public  Schools.  Oath  of 
office  on  the  back. 

[The  same  oath  of  office  on  the  back  as  in  form  No.  7.] 


Ko.  9. 

Appointment  of  School  Census  Marshal. 

[Note. — See   Revised   School   Law,   section   forty-three,] 

We,  the  undersigned,  Trustees  of  Public  Schools  for District,  in 

the  Count}^  of ,  hereby  appoint a  School  Census  Marshal 

for  said  district,  to  take  the  school  census  during  the  month  of  June  in 
the  present  year,  according  to  the  provisions  of  section  forty-three  of 
the  Eevised  School  Law. 


OFFICIAL   FORMS   AND   BLANKS.  6< 

Tou  will  make  a  full  report  in  writing,  under  oath,  to  the  County 
Superintendent,  and  deliver  a  certified  copy  thereof  to  the  School  Trus- 
tees of  said  district,  if  they  require  it,  on  or  before  the  first  day  of  July 
next  after  your  appointment.  You  will  not  fail  to  make  full  and  correct 
returns  of  all  statistics  required,  under  penalty  of  forfeiting  all  compen- 
sation for  your  services. 


Dated 186...  

Trustees  of  Public  Schools  for District. 


No.  10. 

Public  School  Teacher's  oath  of  allegiance. 

State  of  California,     1 
County  of P^' 

I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  support,  protect, 
and  defend  the  Constitution  and  Government  of  the  United  States 
against  all  enemies,  whether  domestic  or  foreign,  that  I  will  bear  true 
faith,  allegiance,  and  loyalty  to  the  said  Constitution  and  Government, 
and  that  I  will,  to  the  extent  of  my  ability,  teach  those  under  my  charge 
to  love,  reverence,  and  uphold  the  same,  any  law  or  ordinance  of  any 
State  Convention  or  Legislature,  or  any  rule  or  obligation  of  any  society 
or  association,  or  any  decree  or  order  from  any  source  whatsoever,  to  the 
contrary  notwithstanding;  and  further,  that  I  do  this  with  a  full  deter- 
mination, pledge,  and  purpose,  without  any  mental  reservation  or  evasion 
whatsoever;  and  I  do  further  swear  (or  affirm)  that  I  will  support  the 
Constitution  of  the  State  of  California.     So  help  me  God. 


Five  cent  ^      Subscribed   and  sworn  to  before  me,  this   day  of 

°Rev!^^  r  >  ^^®  thousand  eight  hundred  and  sixty- 

Stamp. 


No.  11. 
Agreement  between  Public  School  Trustees  and  a  Public  School  Teacher. 

This  agreement,  made  the  day  of ,  one  thousand  eight 

hundred  and  sixty- ,..,  between  ,  party  of  the  first  part,  and. 

the  Board  of  Public  School  Trustees  of    School  District,  in  the 

County  of  ,  State  of  California,  parties  of  the  second  part, 

Witnesseth  :  That  the  said ,  who  holds  a  legal  certificate,  hereby 

agrees,  for  the  consideration  hereinafter  stated,  to  teach  the  public  school 

in  said  district  for  the  term  of  ,  commencing  on  the day 

of ,  186... ;  and  further  agrees  to  enforce  the  rules  and  regulations 

8 


58  OFFICIAL   FORMS   AND   BLANKS. 

adopted  by  tlie  State  Board  of  Education,  to  adopt  the  State  series  of 
text  books,  and  the  prescribed  State  course  of  study,  and  to  keep  the 
State  school  register,  as  required  b}^  law.     And  the  parties  of  the  second 

part  hereby  agree  to  pay  the  said  ,  for  services  duly  rendered  as 

teacher  of  said  school,  the  sum  of  dollars  for  each  and  every 

month  of  twenty  school  days,  in  the  manner  following,  to  wit :  By 
drawing  an  order  on  the  County  Superintendent  of  Public  Schools  for 
public  school  moneys  to  the  credit  of  said  district,  or  by  rate  bills,  or 

subscription,  or 

In  witness  whereof,  the  parties  have  hereunto  set  their  hands  and 
seals,  on  the  day  and  year  first  above  written. 

Witness  : 

[seal]  Teacher. 

Fivecent^  IsEAL]  

^tr'  [SEAL]  

Stamp.    )  [seal]  

"^ — ^^     '  Trustees  of  District. 

Note. — This  agreement  requires  a  revenue  stamp  of  five  cents. 


No.  12. 


Take  Notice. — This  report  is  required  1by  law  on  or  before  the  tenth  day  of  July.     [See  sections 
sixty-three,  sixty-four,  and  sixty-five.] 

Teacher^ s  Report  of  the  public  school  in District,  County  of ,  from 

,    186...,  to  ,   186...      Abstract  of  monthli/  summaries^  taken 

from  the  State  School  Register,  for  the  school  term  or  year  commencing 

186....  and  ending 186... 


Name   or  No. 
of  month. 

• 

1 

>-« 

o 
•-^ 

S" 

CB 
13 

cr 

o 

•-< 
o 

t 

CO 

f 

13 
O 

a 

1 

B 

% 

o 

5' 

i 

0 

3    O 

II 

if 

o 

1 

a 

13 

3 

C 

3    O 

t  a 

■^    0 

?l 

o 
^. 

>-( 

a 
S 

o 
P' 

-i 

1 

3 
3 

3^ 

■B 
-t 

2 
1 

t 

a 

0 

B 
a' 

§ 
Of"? 

1' 

1 

1 
1 

? 

,1 

B^ 

1.1 

B 

o 
->i 

o 

m' 

a 

a 

I 

Totals ;. 

Averages.... 

OFFICIAL   FORMS   AND   BLANKS.  59 

MISCELLANEOUS. 

Grade  of  school;  number  of  classes  in  school;  date  of  taking  charge 
of  school;  date  of  closing  term  or  year;  number  of  school  months  in 
school  term  or  year;  monthly  salary  of  teacher,  board  included  ;  amount 
of  salary  received  from  rate  bills;  amount  of  salary  received  from  State 
and  County  School  Fund;  what  journals  of  education  have  you  taken  ? 
what  State  or  County  Institute  attended?  were  3'ou  allowed  pay  for 
time  in  attendance  ?  grade  and  date  of  your  certificate ;  number  of 
school  visits  made  by  School  Trustees ;  number  of  school  visits  made  by 
County  Superintendent;  number  of  school  visits  made  by  other  persons; 
number  of  volumes  in  school  library;  valuation  of  school  library;  have 
you  kept  the  State  School  Register  as  required  b}"  law  ?  have  you  used 
in  school  the  State  series  of  text  books?  have  jou.  followed  the  course 
of  study  prescribed  by  the  State  Board  of  Education  ? 

I  certify  that  the  within  report  is  a  true  statement  of  the  condition  of 
the  public  school  within  mentioned. 

(Signed,)  

Teacher. 


No.  13. 


Take  Notice. — This  report  must  be  returned  to  the  County  Superintendent  on  or  before  tbo 

twentieth  day  of  July. 

School  Trustee's  report  of District  to  the  Superintendent  of  Common 

Schools  of County^  from  July  \st^  186...,  to  June  30^/i,  186...,  inclu- 
sive. 

FINANCIAL   REPORT. 

Amount  of  school  fund  received  from  the  State;  amount  of  school 
money  received  from  county  taxes;  amount  raised  by  district  tax; 
amount  raised  by  rate  bills  or  subscription ;  total  receipts  from  all 
sources  for  school  purposes;  amount  paid  for  teachers'  salaries;  amount 
expended  for  sites,  buildings,  repairs,  and  school  furniture;  amount  of 
school  fund  expended  for  school  libraries;  amount  expended  for  school 
apparatus;  amount  expended  for  rent,  fuel,  and  contingent  expenses; 
total  expenditure  for  school  purposes;  valuation  of  school  houses  and 
furniture;  valuation  of  school  libraries;  valuation  of  school  apparatus; 
total  valuation  of  school  property;  names  of  teachers  employed  during 
the  year;  number  of  months  school  was  maintained  during  the  year; 
number  of  volumes  in  school  library;  total  amount  of  donations,  fees, 
and  fines  received  for  the  benefit  of  the  school  library;  number  of  new 
volumes  purchased  during  the  year;  has  the  School  Register  been  kept 
according  to  law?  is  a  record  book  kept  by  the  Clerk  of  the  Board  of 
Trustees?  are  the  Trustees  and  teachers  supplied  with  copies  of  the 
Revised  School  Law?  were  teachers  allowed  pay  during  the  time  of 
attendance  on  County  Institutes?  have  you  required  the  State  series  of 
text  books  to  be  used  in  school?  have  j-ou  enforced  the  rules  and  regu- 
lations of  the  State  Board  of  Education?  have  you  enforced  the  course 


60  OFFICIAL   FORMS   AND   BLANKS. 

of  study  prescribed  by  the  State  Board  of  Education  ?  post  office  address 
of  the  District  Clerk. 

INSTRUCTIONS   TO   DISTRICT   SCHOOL   TRUSTEES. 

You  are  required  to  fill  up  the  within  blanks  in  accordance  with  sec- 
tion forty -two  of  the  Revised  School  Law,  and  to  transmit  the  same  to  the 
County  Superintendent  of  Public  Schools  on  or  before  the  twentieth  day 
of  July  of  each  year,  and  whenever  the  statistics  can  be  obtained  prior 
to  that  date,  you  will  confer  a  favor  by  forwarding  the  report  at  an  ear- 
lier day. 

You  must  appoint  some  reliable  person  as  School  Census  Marshal,  and 
require  him  to  report  with  absolute  exactness. 

It  is  very  desirable  that  the  financial  statistics  herein  required  should 
be  fully  and  accurately  reported. 

For  the  penalty  of  neglecting  to  make  out  this  report  in  due  season, 
see  sections  one  hundred  and  nine  and  one  hundred  and  eleven. 

"We,  the  undersigned,  Public  School  Trustees  of  district  and  county 
aforeeaid,  certify  that  the  within  report  is  a  true  statement  of  the  con- 
dition of  the  public  schools  of  said  district. 


School  Trustees. 


OFFICIAL   FORMS   AND   BLANKS. 


61 


Number  of  blind  chil- 
dren between  five  and 
twenty-one  yrs.  of  age 

Number  of  deaf  and 
dumb    children     be- 
tween five  and  twen- 
ty-one years  of  age... 

No.  of  Mongolian  chil- 
dren between  five  and 
fifteen   years  of   age 
attending  school 

Number  of  Mongolian 
children  under  fifteen 

Numberof  children  be- 
tween five  and  fifteen 
years  of  age  who  have 
not   attended   school 
at   any  time   during 
the  school  year 

Indian 

Negro. 

White. 

Number  of  children  be- 
tween five  and  fifteen 
years  of  age  who  have 
attended    private 
schools   at  any  time 
during  the  year 

Indian 

Negro. 

White. 

Number  of  children  be- 
tween five  and  fifteen 
years    of    age    who 
have  attended  public 
schools   at  any  time 
during  the  school  year 

Indian 

Negro. 

White. 

Number    of    children 
under   five   years    of 

Indian 

Negro. 

White. 

Number  of  Indian  chil- 
dren between  five  and 
fifteen  years  of  age 
who   live   under  the 
guardianship  of  white 
persons 

Total.. 
Girls... 

Boys... 

Number  of  Negro  chil- 
dren between  five  and 
fifteen  years  of  age... 

Total.. 

Girls... 

Boys... 

Numberof  White  chil- 
dren between  five  and 
fifteen  years  of  age... 

Total.. 

Girls... 

Boys... 

a 

is 

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02 


62  DOG   LAW. 


j?l:i^  ^ot 


TO    PROTECT 


SHEEP  AND  CASHMERE  AND  ANGORA  GOATS  AGAINST  THE 

RAVAGES  OF  DOGS. 


Approved  March  13tli,  1866. 


The  People  of  the  State  of  California^  represented  in  Senate  and  Assemhli/^ 

do  enact  as  follows  : 

Section  1.  Every  owner,  claimant,  or  keeper  of  a  dog  or  dogs,  of  tho 
age  of  four  months  or  over,  shall  hereafter  pay  an  annual  tax  on  all  dogs 
owned,  claimed,  or  kept  by  him  or  her:  for  the  first  male  dog,  one  dol- 
lar; for  every  additional  male  dog,  two  dollars;  and  for  every  female 
dog,  three  dollars. 

Sec.  2.  It  shall  be  the  duty  of  the  County,  District,  or  Township 
Assessors,  as  the  case  may  be,  at  the  time  of  making  their  annual  assess- 
ment of  real  estate  and  personal  property,  to  ascertain,  by  diligent 
inquiry  and  examination,  the  names  of  all  persons  owning,  claiming,  or 
keeping  any  dog  or  dogs,  and  they  shall  assess  all  such  dogs  in  the 
amounts  respectively  as  provided  in  the  first  section  of  this  Act,  to  the 
person  or  persons  owning,  claiming,  or  keeping  the  same,  and  shall  make 
lists  and  delivery  thereof  on  their  annual  tax  lists  or  assessment  rolls,  at 
the  same  time  and  in  the  same  manner  as  their  lists  and  delivery  of  other 
personal  property  are  made  and  delivered ;  and  the  proper  officers  are 
hereb}^  empowered  and  required  to  collect  such  tax  on  dogs  in  the  same 
mode  and  manner  as  other  taxes  are  collected,  and  pay  over  the  same 
into  the  County  School  Fund. 

Sec.  3.  Every  dog  kept  or  staying  at  any  house  shall  be  deemed  suffi- 
cient evidence  of  ownership  to  authorize  the  Assessor  to  return  the  per- 
son inhabiting  the  house  as  the  owner  of  such  dog;  and  any  person 
sending  his  or  her  dog  from  house  to  house  or  from  place  to  place  in 
order  to  evade  said  tax,  shall  pay  double  rates  therefor;  and  every  dog 
not  so  returned  shall  be  deemed  to  have  no  owner,  and  may  be  lawfully 
killed  by  any  person  seeing  the  same  run  at  large. 

Sec.  4.  The  owner  or  owners  of  any  dog  or  dogs  which  shall  worry, 
wound,  or  kill  any  sheep,  Cashmere  or  Angora  goats,  shall  be  liable  to 
the  owner  or  possessor  of  such  sheep,  goat,  or  goats,  for  the  damages  and 
costs  of  suit,  to  be  recovered  before  any  Court  having  jurisdiction  in  the 
case. 

Sec.  5.  Any  person  finding  any  dog  or  dogs  not  on  the  premises  of 
its  owner,  worrying,  wounding,  or  killing  any  sheep,  or  Cashmere  or 
Angora  goats,  may  kill  the  same,  and  the  owner  thereof  shall  sustain  no 
action  for  damages  against  any  person  bo  killing  any  dog  or  dogs  under 
such  circumstances. 


ACT   TO   TRANSFER   CERTAIN   FUNDS.  63 


J^N   .ACT 


TO    TRANSFER 


CERTAIN  FUNDS  TO  THE  COMMON  SCHOOL  FUND  OF  THE 
COUNTY  OF  NEVADA. 


Approved  December  20th,  1865. 


The  People  of  the  State  of  California^  represented  in  Senate  and  Assembly^  do 

enact  as  follows : 

Section  1.  All  moneys  derived  from  the  sale  of  licenses  for  the  vend- 
ing of  spirituous,  malt,  or  fermented  liquors,  or  wines,  in  quantities  less 
than  one  qr.art,  and  all  moneys  derived  from  the  sale  of  travelling  mer- 
chants', hawkers',  or  pedlers'  licenses  in  the  County  of  Nevada,  shall 
hereafter  be  transferred  to  the  Common  School  Fund  of  said  county,  and 
shall  be  used  and  appropriated  as  a  part  of  such  Common  School  Fund, 
and  for  no  other  purpose  whatever. 

Sec  2.  This  Act  shall  take  eifect  and  be  in  force  from  and  after  its 
passage. 


